Bradley v. City of Ferndale

148 F. App'x 499
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 8, 2005
Docket04-1465, 04-1474
StatusUnpublished
Cited by25 cases

This text of 148 F. App'x 499 (Bradley v. City of Ferndale) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. City of Ferndale, 148 F. App'x 499 (6th Cir. 2005).

Opinions

WILLIAMS, Senior District Judge.

Defendants-Appellants, City of Fern-dale, Chief Kitchen, Officer Paul Simpson, Dispatcher Jason White, Cadet Wesley Crouse and Lieutenant Thomas J. Thomson appeal the district court’s denial of their motions for summary judgment as to the plaintiff-appellee’s federal and state claims. The district court held that summary judgment was inappropriate because the plaintiff had submitted sufficient evidence to create a genuine issue of material fact as to whether the defendants were deliberately indifferent to the decedent’s serious medical needs. The district court further held that the plaintiff had submitted sufficient evidence to create a genuine issue of fact as to whether the defendants’ actions were the proximate cause of Bradley’s death. For the reasons set forth below, we REVERSE the decision of the district court denying the defendants’ motions for summary judgment.

I. Background

On the night of January 22, 2000, the Ferndale Police Department was involved in a barricaded gunman situation at a Ferndale residence. (Joint Appendix, (“J.A”). at 336.) Due to the serious nature of the event, all available officers were committed to the scene. (J.A. at 336.) As a result of this commitment, Officer Paul Simpson, (“Simpson”), was the only officer available to patrol the city.1 (J.A. at 336.) At approximately 7:53 p.m., Simpson responded to a suspicious persons report at 2047 Symes Street. (J.A. at 49.) As Simpson approached that address, he observed the decedent, Clark Bradley, (“Bradley”), wandering along the street with an open container of alcohol. (J.A. at 50.) Simpson pulled up along side of Bradley and began questioning him in order to determine whether he was the individual specified in the suspicious persons report. (J.A. at 49-50.) Simpson relayed Bradley’s information to Dispatcher Jason White, (“White”), who entered it into the Law Enforcement Information Network Database. (J.A. at 50.) Upon entering his information into the system, the officers learned that Bradley was wanted on an outstanding bench warrant issued February 26, 1999, by the Oakland County Circuit Court. (J.A. at 50, 117.) Because the warrant was a “no-bond” warrant, Lieutenant Thomas J. Thomson, (“Thomson”), the officer in charge at the Ferndale Police Department, ordered Simpson to arrest Bradley and transport him to the station [503]*503pending his transfer to the Oakland County Jail. (J.A. at 315-16.)

As Bradley was being processed at the Ferndale Police Station, he remarked to Simpson that Simpson should give him his gun so that he could shoot himself.2 (J.A. at 51.) Although Simpson believed that Bradley had made the remark in jest, he reported it to Thomson, who had himself heard the remark. (J.A. at 51, 57, 334.) Thomson then asked Bradley if there was a problem, and Bradley responded sarcastically. (J.A. at 58.) White noted that Bradley smelled of alcohol and had trouble staying awake. (J.A. at 66.) During the booking process, the officers also learned that Bradley suffered from Hepatitis C. (J.A. at 57.) Based upon his medical condition and his remark to Simpson, Bradley’s jail card was marked with a red sticker indicating the need to apply universal and suicide precautions during Bradley’s detention. (J.A. at 52.)

At 8:35 p.m., Thompson notified the Oakland County Sheriffs Department that Bradley’s pickup and transfer to the Oakland County Jail should be completed that night and could not be postponed until after the weekend as the County had requested. (J.A. at 123.) The request itself stated:

Would normally not have a problem holding until Monday, but htis (sic) prisoner is intoxicated, has Hepatitis C, and is suicidal, and we are in the middle of a barricaded gunman. If possible, we would appreciate it if you would pick him up as soon as you can, as we are very short personnel due to the situation. Please advise us what you are going to do.

(J.A. at 123.) The County Sheriffs Department later responded that it would take possession of Bradley by midnight that night. (J.A. at 120,125.)

At 8:40 p.m., Bradley was placed in a biohazard cell at the Ferndale Police Station. (J.A. at 118.) Bradley was the only detainee in the jail at that time. (J.A. at 118.) Following standard booking procedures, Simpson removed Bradley’s belt, money, wallet and jacket. (J.A. at 203.) Bradley was allowed to keep his shirt and pants and Simpson gave him two blankets. (J.A. at 203, 210, 322.) After placing Bradley in his cell, Simpson went back out on patrol, and White set a timer so that he would be reminded to check on Bradley in one hour. (J.A. at 52, 227.) After Simpson had left, White and Thomson returned to the dispatchers desk to continue monitoring the barricaded gunman situation. (J.A. at 229.)

At some point after placing Bradley in his cell, Thomson looked at the monitors and saw Bradley lying on his bunk with the blankets. (J.A. at 317-18.) At 9:16 p.m., 36 minutes after Bradley was placed in his cell, White performed a cell check and found Bradley lying unconscious on the cell floor with a blanket tied around his neck. (J.A. at 118, 229-30.) White called to Thomson who entered the cell and began administering CPR. (J.A. at 67.) White instructed Crouse to call an ambulance and to notify Simpson that he was to return to the station immediately. (J.A. at 231.) Bradley was later pronounced dead from self-asphyxiation. (J.A. at 67.)

II. Procedural History

On July 19, 2002, Stephanie Bradley, (“plaintiff’), the personal representative of Bradley’s estate, filed suit in the United States District Court for the Eastern Dis[504]*504trict of Michigan against the defendants in both their individual and official capacities. (J.A. at 7.) The plaintiff alleged that the defendants acted with deliberate indifference to Bradley’s known suicidal tendencies in violation of the Fourteenth Amendment. (J.A. at 13-16.) The plaintiff further alleged that the defendants’ actions constituted gross negligence which was the proximate cause of Bradley’s injuries. (J.A. at 11-12.) On June 3, 2003, the City of Ferndale, Chief Kitchen, Simpson, White and Crouse filed a Motion for Summary Judgment, asserting theories of qualified, absolute and governmental immunity. (J.A. at 19.) On June 5, 2003, Thomson, represented by separate counsel in this case, filed his own Motion for Summary Judgment based upon qualified and governmental immunity. (J.A. at 92.) On March 16, 2004, the district court granted the City of Ferndale’s motion for summary judgment with regard to Bradley’s state law gross negligence claims. (J.A. at 403.) The remaining defendants’ motions for summary judgment were denied in their entirety. (J.A. at 396-405.) This appeal followed.

III. ANALYSIS

A. Plaintiffs § 1983 Claims

1. The Court’s Jurisdiction

A district court’s denial of qualified immunity is an appealable final decision under 28 U.S.C. § 1291, but only “to the extent that it turns on an issue of law.” Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985).

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Bluebook (online)
148 F. App'x 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-city-of-ferndale-ca6-2005.