Anglin v. City of Aspen (552 F. Supp. 2d 1205, 2008)

ORDER AND MEMORANDUM OF DECISION

EDWARD W. NOTTINGHAM, Chief Judge.

This is a civil rights case in which Plaintiff Bronwyn Anglin alleges Defendants violated her rights to due process and free speech, as well as her right to be free from unreasonable seizure, by forcibly injecting her with antipsychotic medication while in custody at the Pitkin County Jail. This matter is before the court on “Defendants Pitkin County Commissioners, Robert Braudis, and Walt Geister’s Brief in Support of Motion for Summary Judgment,” filed April 11, 2007. Two other summary judgment motions are currently pending before the court in this case. The instant motion is brought solely by the Defendants associated with Pitkin County, which include Pitkin County Commissioners, Pitkin County Sheriff Robert Braudis, and Pitkin County Deputy Sheriff Walt Geister (hereinafter collectively “County Defendants”). Jurisdiction is premised upon the existence of a federal question pursuant to 28 U.S.C. §§ 1331 and 1343.

FACTS

1. Factual Background

On the evening of December 11, 2004, Plaintiff and her four-year-old daughter attended a dinner party at the apartment of her friend, Amber Nespeca. (Defs. Pit-kin County Comm’rs, Robert Braudis, and Walt Geister’s Br. in Supp. of Mot. for Summ. J. [hereinafter “Defs.’ Br.”], Statement of Undisputed Material Facts [hereinafter “SOF”] ¶1 [filed Apr. 11, 2007]; admitted at Resp. to Pitkin County Defs.’ Mot. for Summ. J. [hereinafter “Pl.’s Resp.”], Resp. to Statement of Undisputed Material Facts [hereinafter “RSOF”] ¶ 1 [filed June 14, 2007].) Kevin Dunkleburg, Ms. Nespeca’s boyfriend, also attended the party. (Id.) Over the course of the evening, Plaintiff consumed four to five glasses of wine. (Id., SOF ¶ 2; admitted at PL’s Resp., RSOF ¶ 2.) During the party, Ms. Nespeca and Mr. Dunkleburg became embroiled in an argument, and Plaintiff witnessed Mr. Dunkleburg hitting Ms. Nespeca. (Id., SOF ¶¶ 3^4; admitted at PL’s Resp., RSOF ¶¶ 3-4.) Out of concern for Ms. Nespeca, Plaintiff called 9-1-1, and Defendants Aspen Valley Police Officers Melinda Calvano and Ron Fabrocini, as well as Officer Dan Davis were dispatched to the scene. (Id., SOF ¶¶ 4-5; admitted at PL’s Resp., RSOF ¶¶ 4r-5.) Upon arrival, the police arrested Ms. Nespeca. (Id., SOF ¶ 6; admitted at PL’s Resp., RSOF ¶ 6.) Plaintiff was shocked at Ms. Nespeca’s arrest, because she thought Mr. Dunkleburg should have been arrested instead. (Id.)

Ms. Nespeca was then taken to Pitkin County Jail. (Id., SOF ¶ 8; admitted at PL’s Resp., RSOF ¶ 8.) At around 1:00 A.M.,' Plaintiff arrived at the jail in an effort to secure Ms. Nespeca’s release. (Id., SOF ¶ 10; admitted at PL’s Resp., RSOF ¶ 10.) Defendant Deputy Walt Geister, who was working at the jail teller window when Plaintiff arrived, informed her that Ms. Nespeca would need to post a $250 bond in order to be released. (Id., SOF ¶¶ 9-10; admitted at PL’s Resp., RSOF ¶¶ 9-10.) Deputy Geister then allowed Ms. Nespeca to come to the teller window to give Plaintiff her ATM card and PIN number so that Plaintiff could obtain sufficient funds to bond Ms. Nespeca out of jail. (Id., SOF ¶ 11; admitted at PL’s Resp., RSOF ¶ 11.) Plaintiff left the jail and returned a short time later with the funds. (Id., SOF ¶ 12; admitted at PL’s Resp., RSOF ¶ 12.) When Plaintiff arrived, Officer Fabrocini was in the booking room with Deputy Geister. (Id., SOF ¶ 14; admitted at PL’s Resp., RSOF ¶ 14.) When Officer Fabrocini saw Plaintiff enter the jail, he told Deputy Geister that Plaintiff had been present when Ms. Nespeca was arrested and that the only reason she had not also been arrested for interfering with Ms. Nespeca’s arrest was because Plaintiffs young daughter was present with her at the time. (Id., SOF ¶ 14; admitted at PL’s Resp., RSOF ¶ 14.) Further, Officer Fabrocini stated that Plaintiff was not a sober, responsible party. (Id.) Deputy Geister then told Plaintiff that she could leave the bond money but that he had been informed by the police officers that she was not a sober, responsible party due to her actions at the arrest scene. (Id., SOF ¶ 15; admitted at PL’s Resp., RSOF ¶ 15.)

Plaintiff then went to the jail lobby and called 9-1-1 from her mobile phone in an attempt to get a county sheriff to help her bond Ms. Nespeca out of jail. (Id., SOF ¶ 17; admitted in relevant part at PL’s Resp., RSOF ¶ 17; see also PL’s Resp., Ex. 1 at 5-6 [Pl. Dep.].) Plaintiff was unsure how to reach a county sheriff at that time of night other than by calling 9-1-1. (PL’s Resp., Statement of Additional Disputed or Undisputed Facts [hereinafter “SAF”] ¶ 1; admitted at Pitkin County Defs.’ Reply in Supp. of Mot. for Summ. J [hereinafter “Defs.’ Reply”], Resp. Concerning Disputed Facts [hereinafter “RSAF”] ¶ 1 [filed July 9, 2007].) After being put on hold for what Plaintiff believed to be approximately two minutes, she thought the dispatcher had lost the call; so, she hung up and called 9-1-1 a second time. (Defs.’ Br., SOF ¶¶ 17-18; admitted in relevant part at PL’s Resp., RSOF ¶¶ 17-18; see also PL’s Resp., Ex.T at 5 [PL’s Dep.].) Again, the dispatcher placed Plaintiff on hold for approximately two minutes, and, again, Plaintiff hung up and called 9-1-1. (Defs.’ Br., SOF ¶ 18; admitted at PL’s Resp., RSOF ¶ 18.)

The 9-1-1 dispatcher, in turn, called the jail booking room to report that Plaintiffs repeated phone calls were tying-up the 9-1-1 system and had forced her to drop one legitimate emergency call. (Id., SOF ¶ 20; admitted at PL’s Resp., RSOF ¶ 20.) The dispatcher requested that jail personnel do something to prevent Plaintiff from continuing to interfere with 9-1-1 operations. (Id.) Officers Calvano and Davis proceeded to the lobby and shackled and handcuffed Plaintiff without warning. (PL’s Resp., SAF ¶ 2; admitted at Defs.’ Reply, RSAF ¶ 2.) Because all the other cells in the jail were already occupied by other inmates, Deputy Geister decided to put Plaintiff in the jail’s maximum security cell. (Defs.’ Br., SOF ¶ 23; admitted at PL’s Resp., RSOF ¶ 23.) Plaintiff struggled and had to be dragged to her cell, because she was terrified by the thought of being placed in maximum security. (PL’s Resp., SAF ¶ 2; admitted at Defs.’ Reply, RSAF ¶ 2.) The maximum security cell was tiny, and Plaintiff is claustrophobic. (Id., SAF ¶ 3; admitted at Defs.’ Reply, RSAF ¶ 2.) The cell had a small, narrow window that prevented Plaintiff from seeing anyone outside it. (Id.)

Before she was placed in her cell, Plaintiff asked several times to make a phone call to ensure her daughter was safe. (Id., SAF ¶ 4; admitted at Defs.’ Reply, RSAF ¶ 4.) Once Plaintiff was in her cell, Deputy Geister left to attend to other inmates and directed Officers Calvano and Davis to keep an eye on Plaintiff. (Defs.’ Br., SOF ¶ 24; admitted at PL’s Resp., RSOF ¶ 24.) Plaintiff began yelling out her request for a phone call in hopes that someone would hear her, since the cell door was thick steel. (PL’s Resp., SAF ¶ 4; admitted at Defs.’ Reply, RSAF ¶ 4.) Officer Calvano testified that she did not know what Plaintiff was yelling, but called it “intrusive to the inmates” and “obstructive” to jail staff. (Id., SAF ¶ 5; admitted at Defs,’ Reply, RSAF ¶ 5.) Plaintiff began pounding on her cell’s door. (Id., SOF ¶ 25; admitted in relevant part at PL’s Resp., RSOF ¶ 25.) After about ten minutes, Officer Davis reported to Deputy Geister that Plaintiff had been pounding on the door and expressed concern that Plaintiff might hurt herself. (Id., SOF ¶ 26; admitted at PL’s Resp., RSOF ¶ 26; see also PL’s Resp., SAF ¶ 10; admitted in relevant part at Defs.’ Reply, RSAF ¶ 10.) According to Plaintiff, Officer Davis came into her cell and told her to shut up or he would have her sedated. (PL’s Resp., SAF ¶ 11; admitted at Defs.’ Reply, RSAF ¶ 11.) Deputy Geister testified that he told Plaintiff that if she continued to pound against the door “we’re going to contact the hospital and see about sending the paramedics and having [you] sedated.” (PL’s Resp., Ex. 2 at 6 [Geister Dep.].)

Deputy Geister attempted to contact the emergency room physician, Defendant Chris Martinez, M.D., to discuss Plaintiffs behavior, but the deputy could not make contact. (Defs.’ Br., SOF ¶ 27; admitted at PL’s Resp., RSOF ¶27.) As a result, Deputy Geister instructed dispatch to page paramedics to the jail. (Id.) Paramedics Damien Coniglio and Mark Hutchinson (the “Paramedics”) were dispatched to the jail. (Id.) When the Paramedics arrived, Deputy Geister told them that Plaintiff was “combative” and had been banging her head. (Id., SOF ¶ 28; admitted at PL’s Resp., RSOF ¶ 28.) Plaintiff testified that she used only her hands to bang on her cell door — never her head, arms, or body — and that she pounded as hard as she could on the door without hurting herself. (PL’s Resp., SAF ¶¶ 6-7; admitted at Defs.’ Reply, RSAF ¶¶ 6-7.) Deputy Geister described his role vis á vis the Paramedics as “argufing] the case [for sedation].” (Id., SAF ¶ 29; admitted at Defs.’ Reply, RSAF ¶ 29.) According to Deputy Geister, the Pitkin County Jail had “been sedating people for [eighteen years],” and at least two have been sedated since Plaintiff. (Id., SAF ¶ 41; admitted in relevant part at Defs.’ Reply, RSAF ¶ 41.)

Paramedic Hutchinson testified that he saw Plaintiff pounding her fists against her cell door, being “very vocal and shouting obscenities.” (Id., SAF ¶ 12; admitted in relevant part at Defs.’ Reply, RSAF ¶ 12.) The Paramedics entered Plaintiffs cell with Officer Davis and evaluated Plaintiff while Deputy Geister was working on other matters at the jail. (Defs.’ Br., SOF ¶¶ 29, 33; admitted at PL’s Resp., RSOF ¶¶ 29, 33.) Plaintiff plainly and repeatedly stated that she did not want medical treatment. (PL’s Resp., SAF ¶ 13; admitted at Defs.’ Reply, RSAF ¶ 13.) With the aid of officers using force, as well as by placing Plaintiff in shackles and handcuffs, medics took Plaintiffs vital signs, which were normal. (Id., SAF ¶¶ 13, 32; admitted in relevant part at Defs.’ Reply, RSAF ¶¶ 13, 32.) Paramedic Hutchinson assessed Plaintiff as “very upset” and as having slurred speech. (Id., SAF ¶ 12; admitted in relevant pari at Defs.’ Reply, RSAF ¶ 12.) He also noted that she was “shouting obscenities.” (Id.) Paramedics saw no injury on Plaintiff and did not witness the purported head-banging Deputy Geister claimed to have seen. (Id., SAF ¶ 12; admitted in relevant part at Defs.’ Reply, RSAF ¶ 12.)

Paramedic Coniglio then called Dr. Martinez to discuss the information he had been given about Plaintiffs behavior that night, as well as his own observations of Plaintiffs behavior at the jail, his evaluation and examination of Plaintiff, and his concern that Plaintiff was hurting herself and creating a danger to herself and others. (Defs.’ Br., SOF ¶29; admitted at Pl.’s Resp., RSOF ¶ 29.) Mr. Coniglio also held the telephone up so that Dr. Martinez could hear Plaintiff screaming and pounding on the door of her cell. (Id., SOF ¶ 30; admitted at PL’s Resp., RSOF ¶ 30.) Dr. Martinez authorized the Paramedics to sedate Plaintiff. (Id., SOF ¶ 31; admitted at PL’s Resp., RSOF ¶ 31.) After Dr. Martinez’s authorization, the Paramedics approached Deputy Geister to inform him that they were going to sedate Plaintiff and that they would stay with Plaintiff until they knew that the sedative had taken effect and that she did not have any adverse effects. (Id., SOF ¶¶ 33-34; admitted at PL’s Resp., RSOF ¶¶ 33-34.) The Paramedics asked Deputy Geister to assist them with restraining Plaintiff so that they could safely administer the sedative. (Id., SOF ¶ 35; admitted at PL’s Resp., RSOF ¶ 35.) Deputy Geister agreed. (Id., SOF ¶ 6; admitted at PL’s Resp., RSOF ¶ 6.)

When the Paramedics walked into Plaintiffs cell to inject her, Plaintiff was sitting on her bed in shackles and handcuffs. (PL’s Resp., SAF ¶ 32; admitted in relevant pari at Defs.’ Reply, RSAF ¶32.) Plaintiff pleaded not to be injected and asked Deputy Geister for his name, stating that she intended to sue him. (Id., SAF ¶¶ 14, 17; admitted in relevant pari at Defs.’ Reply, RSAF ¶¶ 14, 17.) To assist in injecting Plaintiff, Officer Calvano pushed Plaintiffs face down on the bed so that she could be injected. (Id., SAF ¶ 15; admitted at Defs.’ Reply, RSAF ¶ 15.) Officer Calvano and Deputy Geister, as well as the Paramedics, used force to restrain Plaintiff for the injection as she lay face down in shackles and handcuffs. (Id.) In fear and panic, Plaintiff put her arm next to her head to keep from being injected and was holding her hair. (Id., SAF ¶ 16; admitted at Defs.’ Reply, RSAF ¶ 16.) Officer Calvano admitted that she and a paramedic pried Plaintiffs arm away, pulling some hair from her head in a clump which caused blood to run down Plaintiffs face. (Id.) Officer Calvano also testified that the prospect of the injection “escalated” the situation and dramatically increased Plaintiffs distress. (Id., SAF ¶ 17; admitted at Defs.’ Reply, RSAF ¶ 17.) Plaintiff cried as she was being injected. (Id.) About thirty minutes after Plaintiffs injection, the sedative began to take effect and Deputy Geister removed Plaintiffs restraints. (Defs.’ Br., SOF ¶ 37; admitted at PL’s Resp., RSOF ¶ 37.)

Droperdiol, the drug used to sedate Plaintiff, is most similar to the antipsy-chotic Haldol. (PL’s Resp, SAF ¶ 18; admitted in relevant pari at Defs.’ Reply ¶ 18.) This drug has received a “black box warning,” which denotes the Food and Drug Administration’s highest level of risk for an available prescription medication. (Id.; see also id., Ex. 6 at 3 [Martinez Dep.].) Alcohol is listed as an agent that interacts with Droperidol, and intoxication and female gender increase the risk for potentially fatal arrhythmia associated with the drug. (Id., SAF ¶ 20; admitted in relevant part at Defs.’ Reply, RSAF ¶ 20.) The Paramedics injected Plaintiff with four times the manufacturer’s maximum recommended dosage and twice the dosage prescribed in Dr. Martinez’s own training protocol. (Id., SAF ¶ 22; admitted in relevant part at Defs.’ Reply, RSAF ¶22; see also id., Ex. 6 at 5 [Martinez Dep.].)

Subsequent physical exam revealed that the only injuries Plaintiff suffered that night were bruising and soreness from the injection, finger-mark bruises from being restrained so forcefully, and bruises and indentation on her wrists from tight handcuffs. (Id., SAF ¶ 7; admitted at Defs.’ Reply, RSAF ¶ 7.)

Plaintiff testified that she would have stopped beating on the door and yelling for a telephone call if someone had told to her that they would check on her daughter’s safety. (Id., SAF ¶ 8; admitted at Defs.’ Reply, RSAF ¶8.) Plaintiff was not told until paramedics were in her cell that an officer would make sure that her daughter was all right. (Id.) Deputy Geister testified that he usually allowed detainees to make a phone call. (Id., SAF ¶ 9; admitted at Defs.’ Reply, RSAF ¶ 9.) He also stated that he was not aware Plaintiff wished to call her child until he entered her cell with the Paramedics around 4:00 A.M. (Id., Ex. 2 at 8 [Geister Dep.].) By that point, according to Deputy Geister, Plaintiff “had lost all credibility” with him. (Id.) He testified that did he not allow her to make a phone call, because doing so would only wake up her young daughter. (Id.)

At the time of Plaintiffs sedation, the jail’s restraint chair and isolation cell were already occupied by other inmates. (Defs.’ Br., SOF ¶ 36; admitted at Pl.’s Resp., RSOF ¶ 36.) Officer Davis testified that the padded isolation cell was “typically used for really intoxicated people who may ... hurt themselves.” (PL’s Resp., SAF ¶ 33; admitted at Defs.’ Reply, RSAF ¶ 33.) The padded cell was only partially padded, in that the windows, toilet, and door had no padding. (Id., SAF ¶ 36; admitted at Defs.’ Reply, RSAF ¶ 36; see also id., Ex. 2 at 3-4 [Geister Dep.].) Acknowledging the deficiency of the padded cell, Deputy Geister testified that the jail’s cells were designed for compliant inmates. (Id., SAF ¶ 37; admitted at Defs.’ Reply, RSAF ¶ 37.)

Sheriff Braudis, who was not at the Pit-kin County Jail during the night in question, testified that the policy of the Pitkin County Sheriffs Department is to leave the decision of whether or not to involuntarily sedate an inmate to paramedics who are guided by a physician-advisor. (Id., SOF ¶ 38; admitted at PL’s Resp., RSOF ¶ 38; see also PL’s Resp., RSAF ¶ 35; admitted at Defs.’ Reply, RSAF ¶ 35.) He also stated that his staff was trained that when they believed an individual needed forcible medication, they were to call the Paramedics, and then it would become a medical decision as to whether or not to sedate. (Id., Ex. 12 at 4 [Braudis Dep.].) Sheriff Braudis testified that he did not know what training, if any, paramedics had regarding inmates’ constitutional rights when it came to forced injections. (PL’s Resp., SAF ¶ 25; admitted at Defs.’ Reply, RSAF ¶ 25.)

Deputy Geister testified that when an inmate was “out of control,” and the jail had no other means of restraining that individual, he understood that he had a right to page paramedics so that they could determine whether sedation was necessary. 0See id, Ex. 2 at 10-11 [Geister Dep.].) Deputy Geister was unaware of the source of medical authority to involuntarily sedate people. (Id, SAF ¶ 27; admitted at Defs.’ Reply, RSAF 27.) No Pitkin County Jail policies prohibited deputies from lobbying medical personnel to sedate a detainee. (Id, SAF ¶ 31; admitted at Defs.’ Reply, RSAF ¶ 31.)

Officer Calvano testified that she was trained that individuals have a right to refuse medical treatment but was not specifically trained on the circumstances under which forcible injection is permissible. (Id, Ex. 3 at 2 [Calvano Dep.].) Further, Officer Calvano testified to her understanding that the decision of whether to inject a detainee “gets turned over to the Paramedics and the people in the medical profession. It’s not my responsibility to let them waive their medical rights or anything, because that’s not my capacity of [sic] my job.” (Id)

On a final note, Deputy Geister testified that, in rare instances, when the Pitkin County Jail needs extra help, it utilizes the Aspen Police Department as auxiliary deputy sheriffs. (Id, SAF ¶ 38; admitted at id, Ex. 2 at 15 [Geister Dep.].) The night of Plaintiffs injection, Deputy Geister did utilize the help of the Aspen Police Department at Pitkin County Jail. (Id, SAF ¶¶ 38-39; admitted in relevant part at id, Ex. 2 at 15 [Geister Dep.].)

2. Procedural History

On August 11, 2006, Plaintiff filed a complaint in this court alleging the following constitutional violations stemming from her involuntary sedation: (1) denial of due process by all Defendants in violation of the Fourteenth Amendment; (2) unreasonable seizure by all Defendants in violation of the Fourth Amendment; (3) constitutional failure to train by Police Chief Loren Ryerson, Sheriff Braudis, Aspen Valley Hospital, and Dr. Martinez; and (4) retaliation for Plaintiffs exercise of free speech in violation of the First Amendment by Officer Davis, Officer Calvano, and Deputy Geister. (Compl. and Jury Demand [filed Aug. 11, 2006] [hereinafter “Compl.”].) On April 11, 2007, County Defendants filed a motion for summary judgment, on all counts against them. (Defs.’ Br.) On June 14, 2007, Plaintiff responded to the motion. (PL’s Resp.) On July 9, 2007, Defendants filed a reply in support of their motion. (Defs.’ Reply.) This matter is fully briefed and ripe for review.

ANALYSIS

1. Legal Standard

Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, the court may grant summary judgment where “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c) (2008); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Concrete Works, Inc. v. City & County of Denver, 36 F.3d 1513, 1517 (10th Cir.1994). The moving party bears the initial burden of showing an absence of evidence to support the nonmoving party’s case. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “Once the moving party meets this burden, the burden shifts to the nonmoving party to demonstrate a genuine issue for trial on a material matter.” Concrete Works, 36 F.3d at 1518 (citing Celotex, 477 U.S. at 325, 106 S.Ct. 2548). The nonmoving party may not rest solely on the allegations in the pleadings, but must instead designate “specific facts showing that there is a genuine issue for trial.” Celotex, 477 U.S. at 324, 106 S.Ct. 2548; see Fed.R.Civ.P. 56(e)(2) (2008). A fact in dispute is “material” if it might affect the outcome of the suit under the governing law; the dispute is “genuine” if the evidence is such that it might lead a reasonable jury to return a verdict for the nonmoving party. Allen v. Muskogee, 119 F.3d 837, 839 (10th Cir. 1997) (citing Anderson, 477 U.S. at 248, 106 S.Ct. 2505). The court may consider only admissible evidence when ruling on a summary judgment motion. See World of Sleep, Inc. v. La-Z-Boy Chair Co., 756 F.2d 1467, 1474 (10th Cir.1985). The factual record and reasonable inferences therefrom are viewed in the light most favorable to the party opposing summary judgment. Byers v. City of Albuquerque, 150 F.3d 1271, 1274 (10th Cir.1998) (citing Concrete Works, 36 F.3d at 1517).

2. Evaluation of Claims

County Defendants argue they are entitled to summary judgment on all claims against them for the following reasons: (1) Defendants Pitkin County Commissioners should be dismissed as a party because they are not liable for the acts of those Defendants who participated in forcibly injecting Plaintiff; (2) Plaintiffs Fourth and Fourteenth Amendment claims fail as to Defendants Sheriff Braudis and Deputy Geister because they did not personally participate in the decision to sedate Plaintiff, and Plaintiff showed no unconstitutional custom, policy, or practice; (3) Plaintiffs Fourth Amendment claim also fails because an involuntary injection is not cognizable as a “seizure;” (4) Defendants Sheriff Braudis and Deputy Geister are entitled to qualified immunity on Plaintiffs Fourth and Fourteenth Amendment claims; (5) Plaintiffs First Amendment claim against Deputy Geister must fail because Plaintiff admits she has no evidence to support it; and (6) Plaintiff has failed to proffer evidence of inadequate training by Sheriff Braudis. (Defs.’ Br.) After briefly reviewing the law of 42 U.S.C. § 1983 (“Section 1983”), I consider Defendants’ arguments in turn.

Plaintiff brings all of her claims under Section 1983, which provides a remedy for constitutional violations committed by state or private actors under color of state law. See 42 U.S.C. § 1983 (2006). Specifically, Section 1983 provides that:

[ejvery person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

Id. Thus, to establish a violation of Section 1983, Plaintiff must allege that: (1) Defendants acted under color of state law to deprive her of a right, and (2) the right of which Defendants deprived her was secured by the Constitution or the laws of the United States. See Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50, 119 S.Ct. 977, 143 L.Ed.2d 130 (1999). Defendants do not address, and therefore necessarily do not dispute, that Defendants are state actors. {See Defs.’ Br.; Defs.’ Reply.) With these general considerations in mind, I address Defendants’ arguments in further detail below.

a. Defendants Pitkin County Commissioners as a Party

County Defendants argue that because, under Colorado law, the sheriff, not Pitkin County Commissioners, is liable for the acts of his undersheriff and deputy sheriffs, Pitkin County Commissioners should be dismissed as a party. (Defs.’ Br. at 8-9.) Plaintiff counters that Pitkin County Commissioners are liable for damages due to the unconstitutional forcible injection policy set by Sheriff Braudis. (See Pl.’s Resp. at 24-26.)

Section 1983 does not provide for liability under the theory of respondeat superior. See Worrell v. Henry, 219 F.3d 1197, 1214 (10th Cir.2000). However, municipal entities can be sued for monetary, declaratory, or injunctive relief for deprivations of constitutional or civil rights under Section 1983. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); Meade v. Grubbs, 841 F.2d 1512, 1525 (10th Cir. 1988) (“While an agency of the state may fall under the protective umbrella of the [Eleventh] Amendment, political subdivisions of the state do not.”). Municipal liability is limited to deprivations of federally protected rights caused by actions taken pursuant to official municipal policy or custom and “attaches only where the decisionmaker possesses final authority to establish municipal policy with respect to the action taken.” Pembaur v. City of Cincinnati, 475 U.S. 469, 481, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986); accord Bd. of County Comm’rs v. Brown, 520 U.S. 397, 403, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997).

As County Defendants point out, under Colorado law, the county sheriff is a separate and distinct position from the board of county commissioners. Bristol v. Bd. of County Commn’rs, 312 F.3d 1213, 1219 (10th Cir.2002) (citing Colo. Const, art XIV, §§ 6, 8). Sheriffs retain exclusive control over the hiring, firing, and terms and conditions of employment of their employees. Id. “Because the [b]oard of county commissioners has no control over the [s]heriffs employees,” the Tenth Circuit has determined that “the [b]oard is not liable for the negligent acts of the [sheriffs employees.” Id. Thus, argue County Defendants, the Pitkin County Commissioners cannot be held liable the for training, supervision, or acts of Sheriff Braudis’ employees, who allegedly caused the constitutional violation at issue in this case. (Defs.’ Br. at 8-9; Defs.’ Reply at 20-21.)

County Defendants’ argument misses the mark. The United States Supreme Court has made clear that “it is when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts that may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under [Section] 1983.” Monell, 436 U.S. at 694, 98 S.Ct. 2018 (emphasis added). In concert with this holding, Plaintiff does not contend that Pitkin County Commissioners are directly liable for the acts of Sheriff Braudis’ employees; she contends that Pitkin County Commissioners are liable for the consequences of Sheriff Braudis’ policy, as set for Pitkin County, with regard to involuntary sedation of individuals in custody. (See Pl.’s Resp. at 24-26.) Thus, I find the Pitkin County Commissioners are an appropriate party to this suit.

Contrary to County Defendants’ argument, Bristol is no bar to this conclusion. (See Defs.’ Br. at 8-9.) Bristol addressed the limited issue of whether county commissioners were the “employer” of a sheriffs deputy for purposes of the Americans with Disabilities Act. See 312 F.3d at 1221. The court explicitly recognized that Section 1983 liability was not at issue in the case but, nevertheless, took pains to note that ample caselaw “suggest[ed] that counties can be held liable for the misdeeds of [s]heriffs and their employees when the [s]heriff is held to set ‘official policy’ for the county.” 312 F.3d at 1221; accord Gonzales v. Martinez, 403 F.3d 1179, 1182 n. 7 (10th Cir.2005).

In the instant case, reading the facts in the light most favorable to Plaintiff, Sheriff Braudis sets the official policy relating to involuntary medication for Pit-kin County. Defendant Braudis testified regarding Pitkin County Jail’s involuntary sedation policy without objection to Plaintiff counsel’s characterization of Sheriff Braudis’ role as the individual who set “the official policy of Pitkin County” relating to involuntary sedation. (See Pl.’s Resp., Ex. 12 at 3-4 [Braudis Dep.]); see also Colo. Rev.Stat. § 30-10-511 (2007) (“Except as provided in section 16-11-308.5, [Colo.Rev. Stat.], the sheriff shall have charge and custody of the jails of the county, and of the prisoners in the jails, and shall supervise them himself or herself or through a deputy or jailer”). Thus, I find Pitkin County Commissioners cannot escape potential shared liability with Sheriff Braudis by arguing that he, alone, is responsible for the acts of his employees. See St. Louis v. Praprotnik, 485 U.S. 112, 126, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988) (recognizing that if “a city’s lawful policymakers could insulate the government from liability simply by delegating their policymaking authority to others, [Section] 1983 could not serve its intended purpose”).

b. Fourth and Fourteenth Amendment Claims Against Deputy Geis-ter and Sheriff Braudis in Their Individual Capacities

i. Qualified Immunity

Defendants Sheriff Braudis and Deputy Geister argue they are entitled to summary judgment on Plaintiffs Fourth and Fourteenth Amendment claims against them in their individual capacities, because they did not personally participate in Plaintiffs forcible injection. (Defs.’ Br. at 18-21.) They further contend that even if their actions resulted in a violation of Plaintiffs constitutional rights, they are entitled to qualified immunity because Plaintiff cannot establish that a reasonable officer in their position would have believed that their conduct violated the Fourth or Fourteenth Amendments. (Id.)

The doctrine of qualified immunity shields government officials from individual liability when they are performing discretionary functions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); Currier v. Doran, 242 F.3d 905, 923 (10th Cir.2001). “Qualified immunity is an entitlement not to stand trial or face the other burdens of litigation. The privilege is an immunity from suit rather than a mere defense to liability.” Saucier v. Katz, 533 U.S. 194, 200-01, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001) (citations omitted) (emphasis in original). Whether a defendant is entitled to qualified immunity is a question of law. Derda v. City of Brighton, 53 F.3d 1162, 1164 (10th Cir.1995). Once a defendant claims qualified immunity, the plaintiff bears the “heavy two-part burden” of demonstrating that: (1) the defendant’s alleged actions violated a constitutional or statutory right; and (2) the constitutional or statutory right was clearly established at the time of the alleged violation. Trigalet v. Young, 54 F.3d 645, 647 (10th Cir.1995) (quoting Albright v. Rodriguez, 51 F.3d 1531, 1534 [(10th Cir.1995)]).

In determining whether qualified immunity shields Sheriff Braudis and Deputy Geister from liability, this court is obligated to consider whether there has been a constitutional violation before determining whether the law was clearly established at the time of the alleged violation. McCook v. Spriner Sch. Dist., 44 Fed.Appx. 896, 902 (10th Cir.2002) (citing Saucier, 533 U.S. at 201, 121 S.Ct. 2151). The goal in first answering the constitutional question is to ensure that the law of qualified immunity does not stymie the development of constitutional law. See id. Accordingly, I now turn to the question of whether Plaintiffs allegations regarding her forcible injection of antipsychotics are sufficient to support a Section 1983 Fourth and/or Fourteenth Amendment claim.

(1) Involuntary Sedation Principles Under the Fourteenth Amendment

I review the law related to involuntary sedation of detainees under the Fourteenth Amendment here, because it provides a useful framework for considering the personal participation question discussed in detail below. It is well-established that “the forcible injection of medication into a nonconsenting person’s body represents a substantial interference with that person’s liberty,” thus, triggering the protections of the Due Process Clause. Washington v. Harper, 494 U.S. 210, 229, 110 S.Ct. 1028, 108 L.Ed.2d 178 (1990). In Harper, the Supreme Court found that “forcing antipsychotic drugs on a convicted prisoner is impermissible absent a finding of overriding justification and a determination of medical appropriateness.” Riggins v. Nevada, 504 U.S. 127, 135, 112 S.Ct. 1810, 118 L.Ed.2d 479 (1992) (citing Harper, 494 U.S. at 229, 110 S.Ct. 1028). In Riggins, the Court found that “[t]he Fourteenth Amendment affords at least as much protection to persons the State detains for trial.” Id. In reaffirming this precept, the Court found that the injection of antipsychotic drugs compromises a person’s liberty in a “particularly severe” way. Id. at 134, 112 S.Ct. 1810. The Court in Harper and Riggins did not have before it, and did not address, what process might be required before state prison authorities may administer an antipsychotic drug in an emergency circumstance, as opposed to regularly in the course of ongoing, long-term treatment. See Harper, 494 U.S. at 2A