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Pleasant v. EMSA Correctional Care8/31/2004
.Plaintiff-appellant, Simone V. Pleasant ("appellant"), appeals from the October 23, 2003 judgment entry of the Franklin County Court of Common Pleas rendering judgment in favor of defendant-appellee, EMSA Correctional Care, Inc. ("EMSA"). For the reasons that follow, we affirm the decision of the trial court.
.On January 5, 1999, at 5:43 a.m., appellant was arrested and charged for domestic violence and assault as a result of an altercation with her husband. Appellant was handcuffed behind her back and escorted to the Clintonville Police Station, and later transferred to the Franklin County Correction Center (Franklin County Jail) where she was booked at 8:50 a.m., but remained handcuffed until 9:46 a.m. Appellant testified that the handcuffs were too tight and after she mentioned it to the police officers, they loosened the handcuffs. (Tr. Vol. II, 197-198.)
.The next morning, on January 6, 1999, appellant was taken to court, where she was handcuffed for several hours. After the hearing, appellant was transferred to the women's workhouse at the Jackson Pike facility. Appellant testified that during the transport all the women inmates were handcuffed together. Appellant testified that it was cold and all she had on was "one of the little shirts, the prison clothes, but no jacket and flip flops and some real thin socks." Id. at 165. Appellant testified that her hands did not hurt while in the handcuffs and that she was fine. Id. at 165-166.
.On January 8, 1999, Corporal Elisabeth Kirby of the Franklin County Sheriff's Office was working overtime as the second shift supervisor at the Jackson Pike facility. At about 8:00 or 8:30 p.m., Kirby received a radio message from the One East Discipline Area of the facility where appellant was housed. When Kirby arrived to that area, she observed appellant standing on top of the metal sink unit, pounding on a fire/smoke detector on the ceiling, and yelling and screaming. Kirby described appellant's behavior as "totally out of control." (Tr. Vol. III, 9.) Appellant testified that she suffers from bipolar disorder and has to take Pamelor two times a day to think clearly. (Tr. Vol. II, 157.)
.Kirby ordered appellant off the sink. Appellant did not obey Kirby's orders. The deputies opened appellant's cell door and Kirby once again ordered appellant down off the sink. Appellant remained on the sink and continued to scream and yell. Kirby maced appellant, which had no effect on her. Kirby contacted the EMSA medical staff to notify a nurse that appellant would have to be decontaminated to get the mace out of her eyes.
.Kirby ordered the deputies to restrain appellant. The deputies got a mattress, took control of appellant by her arms and legs, placed her down on the mattress face down, handcuffed her hands behind her back and placed her legs in leg irons. As the deputies picked appellant up, she continued to yell, scream, and thrash around. (Tr. Vol. III, 10.)
.Appellant was then placed in a Pro-Straint Chair. Kirby testified that she made the decision to place appellant into the Pro-Straint Chair due to appellant's behavior. Id. at 13. Kirby testified that the chair was designed to help control appellant so that she could not hurt herself. Id. at 10-11. Once in the chair, Kirby testified that the deputies and the EMSA nurse double-checked the handcuffs and the leg irons to make sure they were double locked so they could not accidentally tighten up on appellant. Kirby testified that the EMSA nurse checked the restraints and made sure that there was circulation and that appellant was not losing blood flow. Id. at 27. Kirby further testified that, on the Pro-Straint Chair "there are straps that
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