Jamie Mangum v. Gary Repp

674 F. App'x 531
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 5, 2017
Docket15-4292
StatusUnpublished
Cited by52 cases

This text of 674 F. App'x 531 (Jamie Mangum v. Gary Repp) 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
Jamie Mangum v. Gary Repp, 674 F. App'x 531 (6th Cir. 2017).

Opinions

GRIFFIN, Circuit Judge.

In 2007, Darrel Saxon sexually assaulted plaintiff Jamie Mangum at the Marion Juvenile Corrections Facility. Mangum brought a claim under 42 U.S.C. § 1983 against seven Marion staff members in their individual capacities, alleging deliberate indifference to his safety needs in violation of the Eighth Amendment. Mangum dismissed four defendants and proceeded against Jason Wise, Gary Repp, and Ray Bowman, who moved for summary judgment. Defendants asserted the defense of qualified immunity in their answer, but did not seek summary judgment on that basis. The district court granted defendants’ motion and dismissed plaintiffs case. Finding no reversible error, we affirm.

I.

On January 17, 2007, twelve-year-old Jamie Mangum was committed to the Ohio Department of Youth Services (“DYS”) for felonious assault. He stood 4 feet 6 inches tall and weighed approximately 96 pounds. During his initial assessment, plaintiff disclosed that an older teen had sexually abused him in the past. Considered a “high-risk/need offender,” plaintiff was transferred to the intensive mental health unit (the “unit”), or Unit 4B, at the Marion Juvenile Correctional Facility.

This was the only such unit in DYS, and it could only house up to 12 juveniles. The unit was semi-octagonal in shape and accessible only via a hallway that led to the [533]*533officers’ podium facing out into the unit. Off that hallway were the TV room, mop closet with cleaning supplies, and staff offices. There were two bathrooms, one to the left and one to the right of the podium. The unit bathrooms and closets were to be kept locked at all times, to be opened only by a corrections officer or other facility staff. Each youth had his own room with a door that locked behind him.

Eighteen-year-old Darrel Saxon was on the unit with Mangum. Saxon was committed to DYS in 2003 for rape and gross sexual imposition. His victims included three children between the ages of six and eight. While in DYS custody, Saxon was disciplined for sexual misconduct. In April 2006, Saxon was transferred to the unit to address “severe self-injurious behavior.” There, Mangum and Saxon had some interaction, including playing cards, and cleaning the unit together.

Defendant Jason Wise, a psychology assistant, treated Saxon and Mangum while they were on the unit. Wise was responsible for clinical tasks such as treatment planning and risk assessment. Wise, overseen by Psychology Supervisor Jane Welch, helped complete Saxon’s and Man-gum’s intake assessments and met with each of them at least once a week. Wise knew that Saxon was a sex offender. Wise also knew that Mangum had a history of sexual victimization.

When Mangum arrived, Welch put him on a safety plan. Welch recommended that the unit’s correctional officers “be within arm’s reach” of Mangum and “[b]e aware of the location of [Mangum] at all times on the unit” to “prevent harm to [Mangum].” Welch also assigned Mangum an initial precautionary status of “watch,” requiring constant one-on-one monitoring by a staff member.

A youth on the unit could be assigned one of three precautionary statuses: “watch,” “observation,” or “behavioral.” Watch was the most intensive and invasive status; it was reserved for suicidal youth, and assigned to prevent self-injurious behaviors. Observation status was a step down from watch, usually requiring safety checks every ten to fifteen minutes. Behavioral status was least restrictive: safety checks were still required, but no particular staff member was responsible for monitoring the youth. As a youth’s behavior improved, Wise and Welch tried to step him down in precautionary status.

A psychologist determined the precautionary status level and behavioral guidelines for each youth on the unit, communicated it to Operations via a written precautionary status notice and plan, and Operations would then disseminate the notice and plan to staff for implementation. While a precautionary status plan was usually drafted to prevent self-injurious behavior, it could include additional guidelines for staff that were unique to a certain youth, such as a safety plan or steps staff should take if a youth were to fight with others.

Mangum was assigned to Wise’s caseload, and Wise continued Welch’s safety plan. Wise, in collaboration with Welch, reviewed and updated Mangum’s precautionary status and plan frequently as part of his treatment. Wise renewed plaintiffs watch status on February 9, 2007, and February 13, adding new “safety precautions” to the guidelines'—such as having Mangum always sit nearest a staff member while in the cafeteria, the unit, or a classroom, be within arm’s length of an officer while moving in line, and ask to use the restroom “[i]n order to know [Man-gum’s] location at all times.”

The next day, Welch changed Mangum’s precautionary status from watch to observation, requiring safety checks every fif[534]*534teen minutes rather than one-on-one monitoring, but with the same safety plan. On February 15, Wise changed Mangum’s status from observation to behavioral, and included lengthy behavioral guidelines in the precautionary status plan. Wise required staff to check on Mangum every ten to fifteen minutes, and kept Mangum on the safety plan “to prevent other youth from harming him.” In addition to the existing seating, line movement, and restroom use restrictions, Wise also required Mangum to “inform staff if he is threatened by others.” Plaintiff remained on this safety plan for at least another four weeks.

While Mangum was on the unit, Saxon was almost always assigned some degree of precautionary status and additional monitoring as well. For example, Saxon was on suicide watch with one-to-one staff monitoring on February 16, 20-23, and 28, and March 13-14. He was on behavioral status on February 15, and March 1,2, 6,8 and 10. On February 27, Saxon was on observation status.

. On March 1, Wise met with Mangum to discuss , “rumors that other youth have been approaching [Mangum] for oral sex.” Mangum admitted that “a certain youth approaches him for oral sex, while another youth periodically grabs his buttocks,” and identified Saxon as the “certain youth.” Although plaintiff “denied engaging in sexual activity,” he did not feel safe, so Wise and Mangum talked about “ways to maintain safety.”

Wise wrote a clinical contact note that same day documenting his conversation with Mangum. Clinical contact notes were same-day documentation of what a psychologist had discussed with a youth during a session; afterward, the clinician created a note in a database, and then printed and signed it before giving it to the department secretary to file in the youth’s psychology file. In the March 1 note, Wise states he notified Officer Spears and Operations Manager Gilchrist of Mangum’s allegations and refers to completing an incident statement.

Wise wrote incident statements to notify Operations of threats against Mangum or other youth. Operations oversaw day-today unit security. Incident statements were hand-delivered to Operations staff, who would decide if or how to respond. In some cases, Operations generated an incident report for the superintendent, but not always. Wise documents in the corresponding March 1 incident statement that he informed Officer Spears of what Mangum reported that day regarding Saxon. Wise recalls hand-delivering the incident statement to Gilchrist in Operations.

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