Haavisto v. Perpich

520 N.W.2d 727, 1994 Minn. LEXIS 630, 1994 WL 445991
CourtSupreme Court of Minnesota
DecidedAugust 19, 1994
DocketC0-92-1719, C7-92-1720
StatusPublished
Cited by16 cases

This text of 520 N.W.2d 727 (Haavisto v. Perpich) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haavisto v. Perpich, 520 N.W.2d 727, 1994 Minn. LEXIS 630, 1994 WL 445991 (Mich. 1994).

Opinions

OPINION

WAHL, Justice.

Antti John Haavisto, in appeal CO-92-1719, asks us to decide whether the defense of qualified immunity applies, as a matter of law, to bar his 42 U.S.C. § 1983 claim of constitutionally inadequate medical care while he was an inmate at Minnesota Correctional Facility at Stillwater (Stillwater) against Commissioner of Corrections Orville Pung and Stillwater Warden Robert Erickson. Specifically, Haavisto claims that a delayed diagnosis of tuberculosis deprived him of his constitutional rights under the Eighth Amendment to the United States Constitution. We reach the qualified immunity issue only if we affirm the decision of the court of appeals that the commissioner, the warden, and the medical director, Dr. James Allan, are not collaterally estopped from litigating liability issues in this case by a federal district court decision involving the same incidents.

Dr. James Allan, medical director at Still-water, appeals from the holding of the court of appeals affirming the trial court’s finding that Allan is not entitled at this time to [729]*729summary judgment based on qualified immunity because there are disputed factual issues as to whether his conduct violated Haavisto’s Eighth Amendment rights.

Haavisto entered Stillwater on March 29, 1982. During the relevant period, Orville Pung was the Deputy Commissioner of Corrections and Robert Erickson was the warden at Stillwater. Pung had complete supervisory responsibility at Stillwater, and Erickson had overall administrative responsibility for health care services. The St. Paul Ramsey Medical Center (SPRMC) and Ramsey Clinic Associates (RCA), who had a contract with the State of Minnesota, hired Allan in August, 1981. From August of 1981 through early 1985, Allan was the only physician providing medical care at Stillwater. The trial court found that Allan was acting under color of state law when fulfilling RCA’s contractual obligation to provide medical care. Allan divided his time about evenly between the prison and a family practice clinic where he carried a full patient load.

In 1984, Haavisto was a named representative of a class which sought declaratory and injunctive relief as well as $40 million in damages for alleged constitutional deficiencies in the treatment and control of the tuberculosis epidemic at Stillwater. The defendants included the three current defendants, Pung, Erickson, and Allan, as well as the State of Minnesota, Governor Rudy Perpich, and Commissioner of Health Sister Mary Madonna Ashton, who were later dismissed.

Haavisto was also a named representative in a federal action involving the tuberculosis epidemic commenced at the same time as the state ease. See DeGidio v. Pung, 704 F.Supp. 922 (D.Minn.1989); 723 F.Supp. 135 (D.Minn.1989), aff'd, 920 F.2d 525 (8th Cir.1990). By order dated June 12, 1985, the federal district court certified a class for purposes of the injunctive relief claim, but denied class certification for damage claims, stating that “individuals will be required to present evidence of causation and their particular damages separately.” DeGideo v. Perpich, 612 F.Supp. 1383, 1387 (D.Minn.1985). Allan was dismissed from the federal action prior to trial “without prejudice or any res judicata or collateral estoppel effect on any pending state action.”

By order dated May 30, 1986, the Washington County District Court certified a class for purposes of injunctive relief in the state case, but denied class certification for damages claims. The state case was stayed pending the federal trial.

After a trial in federal district court, the Honorable Diana E. Murphy entered judgment for the defendants. Although the court found that the defendants’ response to the tuberculosis epidemic violated the inmates’ Eighth Amendment rights, it did not grant injunctive relief because prison conditions by the time of the judgment were no longer so deficient as to violate constitutional requirements. DeGidio, 704 F.Supp. at 950 (citing Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976)). On post-trial motion, the court awarded the class $210,303 in attorney fees from the defendants in their individual capacities. DeGidio, 723 F.Supp. at 140.

The federal district court in DeGidio made detailed factual findings about the prison and a number of inmates, including Haavisto. Although not findings of fact in this ease, the facts do correspond to those alleged by Haavisto and were in the trial court record below. The federal district court described the relevant period of Haavisto’s incarceration as follows:

[Haavisto] entered Stillwater as an inmate on March 29, 1982. As part of the regular intake process at the prison, he was given a cursory medical examination by a nurse. The examination included a Mantoux test and chest x-ray. The Man-toux test was positive. The radiologist read the chest x-ray as negative; he noted that it demonstrated no lung abnormalities. This suggested an absence of active tuberculosis. The x-ray was apparently read without the clinical chart present, however, and the radiologist did not know Haavisto’s Mantoux status. During his intake exam, Haavisto informed the health services personnel of pulmonary symptoms he experienced while he was incarcerated at the Wadena County Jail from January of 1982. He fell ill while he was at the [730]*730local jail, and after arriving at Stillwater he speculated that he had tuberculosis. An antibiotic was prescribed by health services, and his comments about tuberculosis . were apparently ignored.
He returned to health services repeatedly. On May 16, 1982, he requested a decongestant. On May 17, 1982, he reported an upper respiratory infection; penicillin was prescribed. On May 25, 1982, he again presented himself to health services complaining of an upper respiratory infection; amoxicillin was prescribed. Before June 30,1982, Haavisto was seen two more times at health services with respiratory complaints; various treatments were prescribed. A blood count and chest x-ray were ordered on June 22. The x-ray was reported by the radiologist as mild pulmonary emphysema. Between June 30 and August 4, the medical chart reflects three more visits to health services. None of the entries of Haavisto’s chart indicate respiratory problems; Haavisto testified, however, that his pulmonary problems were persistent. He had several x-rays taken through July 1982. None of his x-ray reports or medical record note the possibility of tuberculosis.
His complaints of coughing and chest and back pain were persistent. The health services personnel and guards had instructions from Dr. Allan to give him cough drops when he needed them. Haavisto was sometimes not permitted to report to sick call. On several occasions when he reported Dr. Allan was absent and the appointment was cancelled. Dr. Allan insists that each of Haavisto’s pulmonary symptoms from April through November 1982, was a discrete episode which resolved with treatment.
Haavisto would awaken during the night with severe coughing spells. This would wake other inmates who would make angry remarks and threats. His respiratory problems were so well-known that others worried about being infected by him.

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Haavisto v. Perpich
520 N.W.2d 727 (Supreme Court of Minnesota, 1994)

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Bluebook (online)
520 N.W.2d 727, 1994 Minn. LEXIS 630, 1994 WL 445991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haavisto-v-perpich-minn-1994.