Clark-Murphy Ex Rel. Estate of Clark v. Foreback

439 F.3d 280, 2006 U.S. App. LEXIS 2817
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 6, 2006
Docket05-1323, 05-1394
StatusPublished
Cited by5 cases

This text of 439 F.3d 280 (Clark-Murphy Ex Rel. Estate of Clark v. Foreback) 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
Clark-Murphy Ex Rel. Estate of Clark v. Foreback, 439 F.3d 280, 2006 U.S. App. LEXIS 2817 (6th Cir. 2006).

Opinions

SUTTON, J., delivered the opinion of the court, in which BUNNING, D. J., joined.

MOORE, J. (pp. 293-295), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

At issue in this § 1983 action is whether the district court properly denied qualified immunity to 15 Michigan corrections officers on duty at various points during the isolation, dehydration and eventual death of inmate Jeffrey Clark. Viewing the facts in the light most favorable to Clark-Murphy (the representative of Clark’s estate), we affirm the denial of qualified immunity as to 11 of the employees and reverse it as [283]*283to 4 of them (Andy Dyer, Kristine Wake-field, Rina Becher and JoAnn Friedt).

I.

According to Clark-Murphy’s version of this lamentable episode, here is what happened during the last six days of the Bellamy Creek Correctional Facility’s custody over Jeffrey Clark.

June 29. On Saturday, June 29, 2002, the prison, located in Ionia, Michigan, was on “heat alert,” a warning that applies whenever outdoor temperatures exceed 85 degrees and a warning that applied to the prison from June 29 to July 5. D. Ct. Op. at 2, JA 1991-92. At roughly 5:30 p.m. that day, Clark collapsed outside while waiting in line to enter the mess hall. Two prison officials, Captain Andy Dyer and Lieutenant Don Wise, attended to him, laying him down under the shade of a tree. Sergeant Kristine Wakefield, who also came to Clark’s assistance, observed that “[h]e was crying. He said stuff about his dad, he said stuff about dying. He didn’t make sense, really. [He] was not connecting a lot of it.” JA 557. She did not perceive any physical problems with Clark but “thought [he] had some mental problems.” JA 558. Using a wheelchair, Wakefield and Dyer transported Clark to an observation cell.

As its name suggests, an observation cell gives officers an opportunity to observe a prisoner more closely than would be possible if the prisoner were in the general prison population. Two observation cells were located near the “pod,” the control center at the junction of two residence wings in the Bellamy prison. Each of the observation cells has a small window and two slots through which officers may pass food to the inmate and (if appropriate) cuff the inmate’s hands or feet; On the way to meals or exercise, prisoners in the general population pass by the observation cells.

When the officers placed Clark in one of the observation cells on June 29, Wakefield observed that “he start[ed] barking like a dog, screaming at the top of his lungs.” JA 561. Dyer told Sergeant Tom Lauters, the officer in charge of the unit, that Clark “need[ed] to be referred — his behavior was real erratic and [] he needed to be referred for psychological services.” JA 2504.' Some officers on the housing unit, however, told Wakefield that they thought Clark was “faking.” JA 202.

That same day, Lauters filled out a psychiatric referral form, called a “Roberta-R” (which stands for reasoning, orientation, behavior, emotions,, recall-and-memory, talk, appearance and relationships), noting that Clark had suffered a seizure. JA 2588. When Lauters and other officers attempted to move Clark to his regular cell later that day, Clark “stiffened up and his legs just gave out,” JA 2592, and when they arrived at his regular cell Lauters noticed Clark’s packed duffel bag, from which he inferred that Clark had planned to leave his cell and was “a manipulator,” JA 2593. Based on these observations, Lauters returned Clark to the observation cell. So far as the record shows, this was the last time the door to Clark’s cell was opened while he was alive; the officers handled all other contact with him through the slots in his cell door.

June SO. When officer Bruce' Stout arrived at work at 6 a.m. on Sunday morning, he found the water to Clark’s cell turned off. Sergeant Mike Harvey, the supervisor of the unit during this shift, telephoned JoAnn Friedt, a registered nurse, telling her that “prisoner Clark was barking and would not talk or respond to me.’? JA 2751. In response, Friedt said that she “was aware of it” and that she [284]*284“put the Roberta-R Form in for psych to follow-up with him.” JA 2780.

At 7 p.m., during Lauters’ shift, Clark was “[w]alking back and forth, barking and yelling.” JA 769. Despite this odd behavior, Lauters did not determine whether Clark was receiving psychiatric care: “I knew that healthcare was contacted. I left it at that.” JA 2599. At 10:35 p.m., during the night shift, the log book revealed that Clark was “still beating on [the] door and yelling.” JA 769. At some point that weekend, inmate Andre Williams heard Clark asking for water.

July 1. On Monday, at 5:40 a.m., officer Anthony VanderYlucht noted that “Clark is acting very strange, talking and yelling at himself.” JA 769. When Harvey arrived at 6 a.m., VanderVlucht told him that Clark was not drinking. By the end of VanderVlucht’s 16-hour shift at 2 p.m., he had not seen Clark sleep.

During Harvey’s morning shift, psychologist Mark Fox observed Clark and noted that he was “acting somewhat strangely” and that it “was kind of difficult to carry on a conversation with him.” JA 1783. Fox diagnosed Clark with “psychosis.” JA 1788. As Fox was leaving, Clark asked him if he could turn the water on. Fox says he asked Harvey to do so but, according to Harvey, Fox “said [Clark] was acting out to try to manipulate his way to a transfer.” JA 2754. Officer Ginger Bayne recalled that it was Fox who ordered the water turned off. Later that day, Bayne observed Clark drinking from his toilet, an observation she shared with Harvey. She acknowledged that Clark needed mental health attention but did nothing because “that is what the Roberta-R was for.” JA 1465. She also noted that the water had been turned off during this shift.

At 7:52 p.m., during Lauters’ shift, Clark “threw his food tray on the floor and wall.” JA 769. Lauters claims that Clark’s water was never turned off during his shift. When officer Brian Foreback and Lieutenant Shirley Whittaker relieved Lauters later that night, however, Foreback observed that the water to Clark’s cell was turned off. Foreback could not remember whether the water was ever turned back on during his shift. That night, Rina Becher, a relief sergeant who was filling in for another sergeant, “observed [Clark] pacing back and forth naked and telling me he was selling candy canes.” JA 2107. She believed that Clark needed to see someone (presumably a psychologist or a psychiatrist) but was satisfied when she learned that a Roberta-R had been filled out.

July 2. On Tuesday, Stout arrived at 6 a.m., relieving Whittaker, and again found the water in Clark’s cell turned off. Roughly two hours into the shift, Harvey instructed Stout to turn on the water. Another officer observed Clark urinating in the corner of the cell; the urine ran under the door, leading inmate-workers to complain about the “sticky” floor. JA 212.

Later that day, Tim Nelson, unit chief of the outpatient mental health unit, sent Deputy Warden Lee Gilman an e-mail stating that “it is my clinical opinion that prisoner Clark is psychotic and should have been or should be referred ... for intense psychiatric treatment.... [H]is current level of functioning requires intense interventions.” JA 822. The record does not reveal any response by Gilman to this e-mail.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
439 F.3d 280, 2006 U.S. App. LEXIS 2817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-murphy-ex-rel-estate-of-clark-v-foreback-ca6-2006.