Kelli Ann Grabow v. Macomb Cnty.

580 F. App'x 300
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 29, 2014
Docket13-2609
StatusUnpublished
Cited by35 cases

This text of 580 F. App'x 300 (Kelli Ann Grabow v. Macomb Cnty.) 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
Kelli Ann Grabow v. Macomb Cnty., 580 F. App'x 300 (6th Cir. 2014).

Opinions

OPINION

O’MALLEY, Circuit Judge.

This case involves Kristina Prochnow’s suicide while an inmate at the Macomb County jail (“the jail”). Plaintiff-Appellant Kelli Ann Grabow, as personal representative of Prochnow’s estate, brought suit against Defendants-Appellees County of Macomb (“the County”) and Deputy Amy Franks under 42 U.S.C. § 1983 [302]*302(2012) and state law, alleging that the defendants-appellees displayed deliberate indifference to Prochnow’s serious medical needs while in custody. The district court granted summary judgment in favor of defendants-appellees, ultimately determining that Grabow failed to demonstrate the subjective knowledge necessary for a constitutional violation under the Eighth and Fourteenth Amendments. For the following reasons, we AFFIRM the district court’s judgment.

I

A

On August 13, 2011, Prochnow’s boyfriend, Nicholas D’Aquila, contacted the police, claiming he was the victim of domestic violence and that “[tjhere was something wrong with [Prochnow].” Grabow v. Cnty. of Macomb, No. 12-10105, 2013 WL 5816544, at *1 (E.D.Mich. Oct. 29, 2013). When the police arrived, Prochnow acted aggressively and attempted to run from the police, causing the police to taser her. At the scene, her arresting officer completed a “Jail Detention Card,” answering “No” to a question on the card that asked if the prisoner had verbalized thoughts of suicide. The arresting officer then took Prochnow to Macomb County jail.

Prochnow previously had been incarcerated at the jail on at least twelve separate occasions. During a prior incarceration in 2008, officials placed Prochnow in observation status because she expressed an interest in self-harm. After twenty-five hours under observation, officials determined that Prochnow was no longer a suicide threat and moved her to the general population, where she remained for a month without incident. Prochnow was last booked into the jail in November 2010, where officials placed her on special medical alert status because she was pregnant. Prochnow also had been diagnosed with depression and bipolar disorder, and had attempted suicide on one occasion outside the jail in 2010.

B

The County has regulations in place covering prisoner intake and processing. See id. at *2-4. Under the regulations, intake officers have a duty to determine if an inmate is in need of immediate medical or psychological treatment. If the inmate requires emergency treatment, the inmate is not to be accepted at the jail; the transporting officer is to take the inmate to a hospital. If the inmate is taken into the jail’s custody, the transporting officer must present the “Jail Detention Card” along with the potential inmate. Upon receipt of the inmate, the intake officers immediately pat-down the inmate and assess her to determine if she will require special classification. At minimum, this requires the officers to complete an Initial Classification/Temporary Cell Assignment form based on direct questioning of the inmate and visual observations of her demeanor. The Initial Classifieation/Temporary Cell Assignment form includes six questions relating to suicide risk:

(1) Does inmate hold a position of respect or prominence in the community or is the offense shocking in nature?
(2) Do you have any unusual home or family problems we should know about?
(3) Have you ever been in a mental institution or had psychiatric care?
(4) Have you ever attempted or contemplated suicide? When? Where?
(5) Are you now contemplating suicide?
(6) Does the Inmate’s behavior suggest a suicide risk?

[303]*303Id. at *5. As of August 13, 2011, these regulations did not require that the officer who performs the pat-down also interview the inmate for the Initial Classification/Temporary Cell Assignment form.1

Once the intake officers complete the Initial Classification/Temporary Cell Assignment form, the computer booking officer enters the information into the jail’s “Offendertrak” computer system, and then assigns the inmate to either general population or a specific mental health observation status. The officer assigns the inmate to a heightened observation status based on inmate need, current pending charges, inmate legal status, predatory risk, current physieal/mental health, and suicide risk factors. If the inmate demonstrates a high risk for self-harm or a desire or intent to commit suicide, the officer refers the inmate to the mental health staff and places the inmate in one of three observation statuses: (1) “High Observation,”2 if the inmate is actively suicidal; (2) “Close Observation,”3 if the inmate is not actively suicidal but has a recent history of suicide attempts; or (3) “Suicide Caution,” if the inmate has been suicidal or indicated an intent to harm themselves in the past. After intake, a member of the health services staff screens all prisoners for both physical and mental health concerns. If the health services staff deems the prisoner to be a suicide risk, the staff member places the inmate in a High Observation cell with a “Suicide Caution” status. After the initial classification determination by the intake officers and health services staff, a more detailed, primary classification analysis by a Classification Officer will occur within seventy-two hours of arraignment. No inmate placed under High or Close Observation had committed suicide while at the jail prior to Prochnow’s incarceration. Four jail inmates placed in the general population committed suicide in the year proceeding Prochnow’s suicide.

All corrections deputies receive suicide prevention training during Corrections Academy. This includes instruction on identifying warning signs and risk factors for suicide and discussion of specific jail policies enacted to prevent suicide. Deputies must receive at least one hour of refresher suicide prevention training each year. All staff members are trained in CPR and first aid.

C

Prochnow arrived at the jail at approximately 2:25 PM on August 13. Deputies Beverly Puchovan and Amy Franks processed Prochnow at intake. Puchovan and Franks frequently worked together at intake processing, with Puchovan at the front window as the initial intake officer and Franks at the computer stations behind the front window as the computer booking officer. Over time, Franks and Puchovan developed an informal “good to go” system for intake screening. First, [304]*304Puchovan patted-down inmates upon arrival to search for contraband. Then, Pucho-van asked the inmate variations of three of the required screening questions: (1) Have you been to this jail previously?; (2) Have you ever attempted suicide?; and (3) Do you feel like you want to hurt yourself now? If the inmate answered “no” to the last two questions, Puchovan informed Franks that the inmate was “good to go” and not a suicide risk. Franks would then complete the Initial Classification/Temporary Cell Assignment form and assign the inmate to general population without directly interviewing the inmate. If the inmate answered “yes” to either of Pucho-van’s final two questions, Franks would place the inmate on High Observation, again without further inquiry.

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580 F. App'x 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelli-ann-grabow-v-macomb-cnty-ca6-2014.