Horn ex rel. Parks v. Madison County Fiscal Court

22 F.3d 653
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 21, 1994
DocketNo. 92-6010
StatusPublished
Cited by33 cases

This text of 22 F.3d 653 (Horn ex rel. Parks v. Madison County Fiscal Court) 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
Horn ex rel. Parks v. Madison County Fiscal Court, 22 F.3d 653 (6th Cir. 1994).

Opinion

McKEAGUE, District Judge.

Appeal is taken from the judgment of the United States District Court for the Eastern District of Kentucky upon jury verdict finding that defendant Ron Devere was not negligent in his treatment of plaintiff Christopher Horn, a juvenile. Plaintiff-appellant sustained injury when he attempted suicide while housed at the Madison County Detention Center. The district court, the Honorable Karl S. Forester, had earlier dismissed plaintiffs claim under 42 U.S.C. § 1983, asserting rights under the Juvenile Justice and Delinquency Prevention Act of 1974 (hereinafter “Juvenile Justice Act” or simply “Act”). The district court had also directed a verdict in favor of the defendants on a second § 1983 claim, asserting rights under the Eighth Amendment. Plaintiff-Appellant asserts the district court erred (1) in ruling the Juvenile Justice Act is not enforceable through a private cause of action; (2) by directing a verdict on plaintiffs Eighth Amendment claim; (3) by prohibiting introduction of evidence of the Act’s requirements in support of his Eighth Amendment claim; and (4) by denying him a directed verdict on his claim that incarceration of a juvenile in an adult facility is unconstitutional per se.

I.

On May 25, 1990, Christopher Horn, aged 17, pleaded guilty to a robbery charge in the Madison County District Court. He was committed to the Cabinet of Human Resources and released to the custody of his parents pending placement under the condition that he remain “within arm’s reach of his parents.” On May 30, 1990, Horn’s parents reported that he had left home without permission and his whereabouts were unknown. [656]*656Mrs. Horn signed a complaint and a “pick-up order” was issued by District Judge Julia Adams, charging violation of conditional release. The next day, at approximately 1:00 p.m., Horn turned himself in at the office of his court designated worker, Mary Ann Haynes. Horn was then transported to the Madison County Detention Center by Deputy Sheriff Steve King pursuant to Judge Adams’ order. Haynes accompanied them.

The Madison County Detention Center is an adult jail, newly opened in January 1990, and designated for use as an intermittent juvenile holding facility. That is, a juvenile offender could be lodged there under statutorily prescribed conditions for a period not to exceed 24 hours.

Horn was received at the detention center at approximately 1:40 p.m. on May 31, 1990. Haynes accompanied him during the juvenile intake procedure. She later testified at trial that he appeared to be coherent and in a good mood; not “high on paint” or under the influence of any other substance. She testified that he showed some nervousness, but nothing out of the ordinary for one being booked into a jail. These observations were corroborated by the testimony of Deputy Jailer James Sparks, who conducted the intake procedure.

Horn was escorted to his cell in the juvenile detention area at approximately 1:45 p.m. He was subsequently checked at 1:58 p.m. and 2:15 p.m., giving no indication on either occasion that he was upset. He was watching television and, on request, was given bed linens and a washcloth. At approximately 2:20 p.m., defendant County Jailer Ron Devere discovered Horn hanging from the bunk of his cell with a bed sheet tied around his neck. Devere took the weight off of Horn’s neck and called for assistance. Seconds later, when Sparks responded and arrived at the cell, he observed Devere laying Horn on the floor with a sheet tied around his neck. Sparks determined that Horn was not breathing, retrieved a CPR mouthpiece, and began cardio-pulmonary resuscitation. Horn started breathing on his own. Due to oxygen deprivation, Horn suffered brain damage and paralysis. He continues to be confined to a wheelchair.

In this action, defendant Devere is alleged to be liable because he is responsible as County Jailer for managing the detention center and for caring for and protecting all persons confined there. In addition, the Madison County Fiscal Court and all of its members are said to be liable. The Fiscal Court is responsible for the policies, practices and customs of the detention center, including the hiring, training, supervision and control of the jailer and his deputies.

II.

The district court dismissed plaintiff-appellant Horn’s claim based on the Juvenile Justice Act, because it found the Act not enforceable by private cause of action under 42 U.S.C. § 1983. We review this conclusion of law de novo. Waxman v. Luna, 881 F.2d 237, 240 (6th Cir.1989).

Section 1983 provides a cause of action for deprivation under color of state law, of any rights, privileges or immunities secured by the Constitution or laws of the United States. That is, violations of federal statutes, as well as constitutional violations, are actionable, but only if (1) the statute creates enforceable “rights, privileges or immunities,” and (2) Congress has not foreclosed such enforcement in the enactment itself. Wilder v. Virginia Hospital Ass’n, 496 U.S. 498, 508, 110 S.Ct. 2510, 2516-17, 110 L.Ed.2d 455 (1990).

The Juvenile Justice Act is an exercise of congressional spending power. It was intended to improve the quality of juvenile justice in the United States. 42 U.S.C. § 5602(b). One of the specific stated purposes of the Act is “to assist State and local governments in removing juveniles from jails and lockups for adults.” 42 U.S.C. § 5602(a)(8). The Act purports to serve this purpose by providing necessary resources to, inter alia, “increase the capacity of State and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs.” 42 U.S.C. § 5602(b)(4). Specifically, funds are provided to states which submit plans carrying out the Act’s purposes and complying with numerous re[657]*657quirements prescribed at 42 U.S.C. § 5633(a). It is undisputed that the Commonwealth of Kentucky is a recipient of such funds.

Several of the requirements of § 5633(a) are arguably implicated by this action:1

[A State’s plan shall — ]
(12)(A) provide within three years after the submission of the initial plan that juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court orders, or such nonoffenders as dependent or neglected children, shall not be placed in secure detention facilities or secure correctional facilities;

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
22 F.3d 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horn-ex-rel-parks-v-madison-county-fiscal-court-ca6-1994.