Garcia v. Salt Lake County

768 F.2d 303
Court of Appeals for the Tenth Circuit·Decided July 17, 1985·No. No. 82-1505·Published·Cited by 96 cases

Opinion

HOLLOWAY, Chief Judge.

Plaintiffs, the widow and parents of Ronald James Garcia, brought this action under 42 U.S.C. § 1983 against Salt Lake County, officials of Salt Lake County, and other individual defendants. They also asserted pendent state law claims which are not involved on this appeal.1 They claimed that the decedent’s death was caused by the execution of official policies, practices or customs of defendant Salt Lake County which were deliberately indifferent to the serious medical needs of persons confined in the Salt Lake County Jail before any conviction, and which violated the decedent’s constitutional right to receive reasonable and adequate medical care for his serious medical needs.

After trial the jury rendered a special verdict against Salt Lake County and in favor of the other defendants. I R. 186-87. Following entry of judgment against Salt Lake County and denial of post-trial motions, Salt Lake County appealed. We affirm.

I

After involvement in a traffic accident on December 29,1977, plaintiffs’ decedent was arrested for driving under the influence of alcohol. He complained of back pains and was transported by ambulance to a hospital. In his possession were three bottles of medication prescribed for him after release from the hospital two days earlier, following urinary tract surgery. At the hospital Garcia was lucid, conversive and oriented. He refused to be examined. X R. 391-93. He was left in the examining room alone and while there ingested an overdose of a barbiturate, one of his prescribed medications, and escaped from the hospital. Id. at 350-52.

Garcia was found by police officers, passed out on the pavement in the ambulance entrance of the hospital where he was examined by a medical doctor who found him semi-conscious. The doctor had no knowledge Garcia had ingested drugs. Garcia had a strong odor of alcohol on his breath. The doctor asked the officers if he could be medically observed at the jail, and when told that he could, the doctor approved his transfer to the jail. Id. at 393-95.

Garcia was transported to Salt Lake County Jail, arriving at 3:43 p.m. on December 29. VIII R. 78. The jail medic was told that a medical doctor had authorized the transfer of Garcia to the jail but that he was to be watched. X R. 390. The jail medic directed that Garcia be placed in a holding cell and instructed that he be checked every 15-20 minutes. VIII R. 69-70. Garcia was checked approximately [306]*306every 30 minutes by the search and print officer. Id. at 99, 109. At 8:30 p.m. the medic examined Garcia and found him still unconscious. Id. at 79. At about 10:15 p.m. Garcia was found apparently dead. IX R. 135. Paramedics were called, and Garcia was immediately transferred to the hospital. Id. at 156. He was monitored on life support systems until January 12,1978. On that date they were discontinued after encephalograms revealed no brain activity, and Garcia died from irreversible brain damage due to lack of oxygen. IX R.242-43.

Dr. Barton, an internist, testified that in his opinion Garcia would have survived the alcohol and barbiturate overdose and could have been stabilized if he had been transported to the hospital when observed at 8:30 p.m. on December 29 and found to be unconscious. IX R. 252-53. Similar testimony was given by Dr. Danto, a physician and board certified psychiatrist, who said that the County did not afford reasonable medical care to Garcia. X R. 340-43, 347.

Following the entry of judgment, after jury trial, against Salt Lake County in the amount of $150,000 plus costs, Salt Lake County filed a motion for judgment notwithstanding the verdict,2 or alternatively for a new trial or for remittitur. I R. 250, 252-53. Defendant’s motion for remittitur was granted in part and denied in part, and the verdict against Salt Lake County was reduced to $147,000 plus costs. The $3,000 reduction in the judgment reflected a credit for a settlement with a former defendant. The County’s motions for judgment notwithstanding the verdict and for a new trial were denied. This appeal followed. Id. at 278-80.

II

On appeal, Salt Lake County contends that a municipality may only be liable for a 42 U.S.C. § 1983 violation when an officer or subordinate executes or implements a municipal policy which is constitutionally deficient; that where subordinates do not strictly follow or conform to jail policies, the municipality has no liability under § 1983, particularly when their conduct does not violate civil rights; that the jury failed to follow the court’s instructions that a finding of unconstitutional conduct by an officer is a prerequisite to a finding that the County is liable; and that Salt Lake County is therefore entitled to a judgment of no cause of action. For reasons that follow, we disagree with the County’s conclusion.

The Salt Lake County Jail had adopted the following written policy statement regarding unbooked arrestees:

Prisoners who are injured, unconscious, or otherwise in need of immediate care, or diagnosis will be transported to the hospital by the arresting officer (or agency) before the prisoner will be accepted for booking.

Plaintiffs’ Exhibit 3. The Salt Lake County Sheriff had the following written policy regarding semiconscious or unconscious prisoners:

(1) Deputies will not deliver to the County Jail any prisoners who are unconscious or semiconscious and have to be carried into the jail.
(2) All arrested persons in the above stated condition shall be taken directly to the hospital for emergency treatment or medical diagnosis before being booked.

Plaintiffs’ Exhibit 4.

Despite these policy statements, there was testimony by Sheriff Larson that there was a policy during all the time he was Sheriff that unconscious individuals who were suspected of being intoxicated were admitted to the jail. IX R. 201-02. This policy or custom was also confirmed by a medical technician, Lemon. VIII R. 72-73. Lemon testified that Dr. Greaves, the jail physician, was also aware of the practice of admitting to jail unconscious people suspected of being intoxicated. Id. at 75.

[307]*307In Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the Supreme Court overruled Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), insofar as it held that local governments are wholly immune from suit under § 1983, stating that local governing bodies

can be sued directly under § 1983 for monetary, declaratory, or injunctive relief where ... the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers. Moreover, although the touchstone of the § 1983 action against a government body is an allegation that official policy is responsible for a deprivation of rights protected by the Constitution,

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Garcia v. Salt Lake County, 768 F.2d 303 (10th Cir. 1985).

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