Hoover v. Blankenship

487 S.E.2d 328, 199 W. Va. 670, 1997 W. Va. LEXIS 78
CourtWest Virginia Supreme Court
DecidedMay 29, 1997
DocketNo. 23875
StatusPublished
Cited by3 cases

This text of 487 S.E.2d 328 (Hoover v. Blankenship) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoover v. Blankenship, 487 S.E.2d 328, 199 W. Va. 670, 1997 W. Va. LEXIS 78 (W. Va. 1997).

Opinion

STARCHER, Justice:

The appellant Bradley Hoover was arrested and taken into custody by Nicholas County deputy sheriffs. Because Mr. Hoover had been injured before his arrest, Mr. Hoover was taken to a local hospital. At the local hospital the deputies released Mr. Hoover from custody and it was determined that he needed specialized treatment. He was taken to another hospital where he received treatment costing $25,000.

Mr. Hoover filed suit against the sheriff and the county commission, claiming that under W.Va.Code, 7-8-2 [1985], they had a duty to pay his medical bills. The Circuit Court of Nicholas County held that there was no such duty. We affirm the circuit court’s decision, holding that a sheriff and a county commission have no duty to provide medical care for or pay the medical bills for a person who is not in their custody.

I.

Facts and Background

On November 9,1991, the appellant (plaintiff below) was involved in an altercation at his trailer in Birch River, West Virginia. The appellant apparently was severely beaten by the family of a young woman who believed that the appellant had been improperly involved with the young woman.

The altercation was investigated by officers from the Nicholas County Sheriffs Department who arrived on the scene and arrested1 the appellant, placing him in handcuffs.

The appellant was transported by ambulance to a local hospital in Summersville, West Virginia. When the appellant arrived at the hospital, the officers removed the handcuffs, and the appellant was examined by hospital personnel.

Because the appellant’s injuries were severe, the local hospital decided that the appellant should be immediately transported to a regional hospital in Charleston, West Virginia; this was done. The appellant received extensive medical treatment for his injuries at a cost of about $25,000.

There is no evidence that the appellant had any further contact with the sheriffs officers after leaving the local hospital, and the record is silent as to whether formal criminal charges were ever filed against the appellant.

The appellant sued the appellees (defendants below), the Sheriff of Nicholas County and the Nicholas County Commission, asserting that under W.Va.Code, 7-8-2 [1985] the appellees had a duty to pay for the appellant’s medical treatment. The Circuit Court of Nicholas County granted summary judgment for the appellees, holding that as a matter of law the appellees had no such duty. In making his ruling, the circuit judge observed that if the appellant had been treated and then taken to jail, the court would have found that such a duty existed.

II.

Discussion

A.

Standard of Review

Our review in this case is limited to the circuit court’s conclusions of law in apply[672]*672ing a statute to undisputed facts. Our review of a circuit court’s purely legal rulings is de novo. See State, By and Through McGraw v. Imperial Marketing, 196 W.Va. 346, 352, 472 S.E.2d 792, 798 (1996), cert. denied, — U.S. -, 117 S.Ct. 391, 136 L.Ed.2d 307 (1996).

To establish the duty of the appellees to pay for the appellant’s medical costs, the appellant relies solely upon the provisions of W.Va.Code, 7-8-2 [1985], which states:

(a) The sheriff of every county shall be the keeper of the jail thereof, but he may, with the assent of the county commission, appoint a jailer of the said county, and may take from him a bond with security conditioned for the faithful performance of his duties. The jailer may be a deputy sheriff and shall take an oath of office like other officers. He shall keep the jail in a clean, sanitary and healthful condition. When any prisoner is sick the jailer shall see that he has adequate medical and dental attention and nursing, and so far as possible keep him separate from other prisoners. Any such medical and nursing care as the jailer may be required to furnish shall be paid for by the county commission. A failure on the part of the jailer to perform any of the duties herein required with respect to any prisoner in his jail shall be a contempt of any court of record under whose commitment such prisoner is confined, and shall be punished as other contempts of such court. The jailer or his agents are authorized to inquire of every prisoner at any time whether he has medical insurance or is covered by a public medical benefit, to further inquire of the prisoner sufficient information to enable the county commission to seek reimbursement of health care costs as provided by this section and to take an assignment of the right to reimbursement from said third parties.
(b) The county commission is hereby authorized to seek reimbursement from every person who receives medical, dental, hospital or eye care or any type of nursing care while incarcerated in the jail at the rate at which the care is generally available in the community for those persons not incarcerated, from their private health care insurers, if any, to the extent of the coverage in effect, from any public agency then providing medical benefits to the person incarcerated to the extent that said public agency would have reimbursed the cost of the care rendered if the person receiving the care was not then incarcerated so long as said reimbursement is not inconsistent with the lawful provisions of the agency’s benefit program, or from persons who are liable pursuant to section twenty-two, article three, chapter forty-eight of this code: Provided, That no reimbursement for care shall be required when any medical, dental, hospital or eye care or •any type of nursing care has been rendered for injuries or illnesses sustained as a result of an act by another prisoner, injuries or illnesses sustained where an act or omission by the jailer or any deputy sheriff has been a contributing factor, or injuries or illnesses resulting from fire or other catastrophic hazard, all without fault on the part of the prisoner: Provided, however, That no reimbursement for the care received from the person receiving the care or from the person made liable for the care by section twenty-two, article three, chapter forty-eight of this code shall be sought unless that person is able to pay without undue hardship considering the financial resources of the person, the ability to pay of the person and the nature of the burden that reimbursement will impose: Provided further, That the determination of undue hardship by the commission does not preclude the commission from subsequently ordering reimbursement should the person’s financial circumstances change: And provided further, That whenever the county commission seeks reimbursement from a municipality for medical, dental, hospital, eye or nursing care authorized by this subsection then the municipality shall also be hereby authorized to seek reimbursement as provided for in this subsection for counties under the same conditions.
* * * * * *
(d) Subject to any statutes of limitation, if reimbursement pursuant to this section [673]*673was sought at or within a reasonable time after the release from incarceration

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Bluebook (online)
487 S.E.2d 328, 199 W. Va. 670, 1997 W. Va. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoover-v-blankenship-wva-1997.