Jerauld Ex Rel. Robinson v. Carl

405 F. App'x 970
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 30, 2010
Docket09-5714
StatusUnpublished
Cited by8 cases

This text of 405 F. App'x 970 (Jerauld Ex Rel. Robinson v. Carl) 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
Jerauld Ex Rel. Robinson v. Carl, 405 F. App'x 970 (6th Cir. 2010).

Opinion

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Dustin Jerauld (“Jerauld”), by and through his mother and guardian, Patricia J. Robinson (“Robinson”), appeals the district court’s order granting summary judgment to Defendants-Appellees Mark Kroger (“Kroger”), Ramona Parker (“Parker”), and Pamela Sams (“Sams”). Jerauld’s representative filed this lawsuit on Jerauld’s behalf under 42 U.S.C. § 1983 following Jerauld’s attempted suicide while he was detained at the Kenton County Detention Center (“KCDC”). The lawsuit also involved *972 state-law claims for negligence, gross negligence, and intentional infliction of emotional distress. The United States District Court for the Eastern District of Kentucky granted summary judgment to Kroger, Parker, and Sams, holding that the defendants were entitled to qualified immunity with respect to the federal claims because Jerauld did not present a strong likelihood of committing suicide, and because these defendants did not display deliberate indifference to Jerauld’s medical needs. For the reasons discussed below, we AFFIRM the district court’s judgment granting summary judgment to Kroger, Parker, and Sams on the grounds of qualified immunity.

I. BACKGROUND

On February 11, 2004, twenty-one-year-old Jerauld attempted suicide by hanging himself in his cell with his bed linens while in pre-trial custody at KCDC in Covington, Kentucky. He was resuscitated and survived, but remains in a persistent vegetative state.

Jerauld had been arrested on February 7, 2004 and held at KCDC on charges of burglary and drug possession. Jerauld had developed a heroin addiction and had stolen a video game console to sell for money to buy drugs. When Jerauld was arrested, his father asked one of the arresting officers to notify jail personnel that Jerauld had made threats to hurt himself if he went to jail. The arresting officer who transported Jerauld to KCDC told the intake officer at KCDC that Jerauld had threatened to harm himself and that he should be placed on a suicide watch. As part of the booking process at KCDC, Jerauld completed an Inmate Medical Form (“Medical Form”) containing twenty-seven questions about his personal history and health, including questions about treatment for mental health or emotional problems, past suicide attempts, and present thoughts of suicide. Jerauld answered “no” to each question screening for suicidal tendencies but indicated that he would probably suffer withdrawal from heroin.

Despite Jerauld’s negative responses to questions on the Medical Form, Shift Commander Wehrner Stilt (“Stilt”) interviewed him privately because of what the arresting officer had relayed about Jerauld’s past threats of self-harm. Stilt completed a Psychological Services Referral form (“Psychological Form”) eliciting information related to Jerauld’s history of suicide, present suicidal thoughts, and other mental health problems. Jerauld answered “no” to all of the questions on the Psychological Form, including questions regarding whether he had previously tried to kill himself or was presently thinking of attempting suicide. Stilt testified that, given the results of these evaluations, prison policy did not indicate a need for further precautions. However, Stilt testified that, because of the possibility that Jerauld would experience heroin withdrawal, he placed Jerauld on a twenty-minute medical watch in an isolation cell.

After his evaluation of Jerauld, Stilt telephoned Mark Kroger, a psychologist under contract with KCDC as its Crisis Intervention Specialist. Kroger was typically contacted by KCDC to treat and assess inmates deemed at risk of suicide. Stilt informed Kroger of the information regarding Jerauld’s past threats of self-harm, the answers on the Medical Form and Psychological Form, and the fact that Stilt had placed Jerauld on a medical watch. Kroger testified that, based on the information provided by Stilt, he determined that Jerauld did not need to be placed on a suicide watch.

On February 8, Jerauld made telephone calls to his parents complaining that he was cold, experiencing symptoms of heroin *973 withdrawal, and contemplating suicide. Later that day, he complained to a Certified Medication Aide (“CMA”) that he was experiencing heroin-withdrawal symptoms. The CMA provided him with 50 mg of the drug Vistaril, which is used to treat heroin withdrawal. On February 9, Jerauld called his mother and pleaded with her to bail him out of jail. Jerauld also threatened over the phone to hang himself. Later that day, Jerauld asked KCDC nurse and Director of the Medical Unit Pamela Sams to release him from suicide watch. Sams informed him that she did not have the authority to release him but contacted Kroger to evaluate him. Sams reviewed Jerauld’s isolation log and spoke with Deputy Kathleen Boyle (“Boyle”) who told her that Jerauld had been doing well. Sams testified in her deposition that, at the time, she thought Jerauld was on a suicide-related watch and that Kroger would have been the one to authorize release from such a watch.

When Kroger came to the jail that evening, he interviewed Jerauld for approximately twenty minutes. During the interview, Jerauld denied that he was suicidal or that he had threatened to hurt himself. Jerauld explained that he had said that “he would rather be dead than go to the jail,” not because he intended to hurt himself, but because “the jail is ... just a bad place to go.” R. 43 at 15 (Kroger Dep. at 57). Kroger recorded in his notes that Jerauld was able to smile and laugh and that he exhibited no lability (emotional instability). Jerauld told Kroger that he was not experiencing heroin withdrawal symptoms, and Kroger did not observe any such symptoms. Kroger also determined that Jerauld’s responses were consistent with his behavior and presentation in the interview, leading Kroger to credit Jerauld’s statements that he was not suicidal. After the interview, Kroger approved Jerauld’s release to the general population upon the termination of the medical watch. Sams approved Jerauld’s transfer to the general population. Sams acknowledged in her deposition testimony that, if Jerauld was on a medical watch, only a physician, not Kroger, would be authorized to release him. However, Jerauld was not evaluated by a medical doctor before the transfer.

The following day, on February 10, the CMA on duty gave Jerauld 50 mg of Vistaril to treat his withdrawal symptoms. That afternoon, Jerauld was transferred to a cell in KCDC’s general population. That evening, he was provided with a blanket by the watch commander in response to complaints that he was cold. On the morning of February 11, Jerauld was again given Vistaril to treat his withdrawal symptoms. Jerauld also received a visit from his mother at KCDC. Robinson testified that Jerauld looked like he was suffering but that she did not think he required immediate attention. Robinson did not speak to anyone at KCDC about her observations.

Later on February 11, Jerauld told Boyle that he was suffering from withdrawal, was cold, and needed medication. After Boyle told him that medication was given only twice a day, Jerauld became agitated, so Boyle brought Sams to see him in his cell. Boyle recalled that Jerauld was calm during the meeting with Sams.

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