Manuel v. City of Jeanerette

702 So. 2d 709, 95 La.App. 3 Cir. 1202, 1997 La. App. LEXIS 2167, 1997 WL 559661
CourtLouisiana Court of Appeal
DecidedSeptember 10, 1997
Docket95-1202
StatusPublished
Cited by8 cases

This text of 702 So. 2d 709 (Manuel v. City of Jeanerette) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manuel v. City of Jeanerette, 702 So. 2d 709, 95 La.App. 3 Cir. 1202, 1997 La. App. LEXIS 2167, 1997 WL 559661 (La. Ct. App. 1997).

Opinion

702 So.2d 709 (1997)

Ethel MANUEL, Plaintiff-Appellee,
v.
CITY OF JEANERETTE, et al., Defendants-Appellants.

No. 95-1202.

Court of Appeal of Louisiana, Third Circuit.

September 10, 1997.

*711 Joseph Winand Thomas, New Orleans, for Ethel Manuel.

L. Lane Roy, Lafayette, for City of Jeanerette et al.

Before THIBODEAUX, SAUNDERS, WOODARD, PETERS and AMY, JJ.

THIBODEAUX, Judge.

Ethel Manuel filed suit against the City of Jeanerette for the wrongful death of her son, Wilbert Manuel, who hung himself while incarcerated in the Jeanerette City Jail. Following a bench trial, the City of Jeanerette was found to be negligent in the supervision of the incarcerated decedent. The court awarded $65,000.00 in wrongful death damages and $85,000.00 in survival damages. The defendant appeals from this judgment. For the following reasons, we affirm the finding of liability, but amend to award $25,000.00 in survival damages.

I.

ISSUES

We must determine if the trial court was manifestly erroneous in casting liability upon the City of Jeanerette and whether the damage awards were excessive.

II.

FACTS

On June 24, 1993, at approximately 10:40 p.m., Ethel Manuel called the Jeanerette Police Department to report a disturbance at her home involving her forty-one-year-old son, Wilbert Manuel. Officers Cy Landry and Donnie Frizzell of the Jeanerette Police Department responded to the plaintiff's call. The officers testified that Mr. Manuel was obviously intoxicated. When Mr. Manuel saw the police officers, he closed the door to the kitchen area so the officers could not reach him. When the officers went into the kitchen, Mr. Manuel jerked away and would not stand up. The officers ultimately handcuffed Mr. Manuel, frisked him for any weapons and escorted him to the patrol car. He was then transported to the Jeanerette City Jail and booked for disturbing the peace while intoxicated.

Officer Frizzell removed all items from Mr. Manuel's pockets and ordered him to take off his shoes and belt. This was a standard safety procedure so that Mr. Manuel could not injure himself or any other prisoner. Mr. Manuel was placed in the number two or "back" cell because Jesus Arriaga and Michael `Spiderman' Hurst were being held as prisoners in the number one or "front" cell. The dispatcher on duty at the time was Jimette Hebert, a woman of little training and only three months experience as a dispatcher.

Officer Landry returned to Mrs. Manuel's house to get a written statement and an affidavit. Mrs. Manuel signed an affidavit revealing that she wanted Wilbert arrested for disturbing the peace while intoxicated. Also, Landry obtained a written statement from Mrs. Manuel in which she stated: "Wilbert Jr. broke up some trophies that didn't belong to him and we couldn't stop him. He was so drunk that he used a lot of dirty words to me. He also wanted to fight with me." Landry returned to the police station to drop off this paperwork. However, he soon left because he received another call for assistance.

Later that night, Officer Clyde Phillips returned to the police station. While Phillips was visiting with Hebert, they heard the sound of a bunk being turned over in one of the cells. This was a common occurrence. The dispatcher did not check on the prisoners upon hearing the bunk turn over. Also, Jesus Arriaga, a prisoner in cell one, testified that he heard a gasping sound coming from the prisoner in cell two shortly after the bunk turned over and that he yelled for the *712 dispatcher to check the prisoner but she did not respond.

At some point during the morning of June 25th, Wilbert Manuel turned his unsecured bunk bed over and hung himself from a metal light fixture covering located in the ceiling. At 3:30 a.m., Alberta Gilliam relieved Hebert as dispatcher. The body of Wilbert Manuel was found at approximately 8:00 a.m. when Delcambre police officers arrived at the Jeanerette City Jail to retrieve Jesus Arriaga. While the autopsy of the body approximated the time of death between the hours of midnight to 6:00 a.m. the morning of June 25th, the coroner determined the time of death to be approximately 1:00 a.m.

The morning of June 25th, Chief Kahn went to Mrs. Manuel's house to inform her of Wilbert's death. When Kahn told Mrs. Manuel that Wilbert committed suicide, she revealed that Wilbert had told her a couple of weeks before that if he ever went back to jail, he would hang himself. However, Mrs. Manuel testified that she thought he was joking at the time.

The Jeanerette jail is a small facility and the dispatch area is separated from the prison cell area by a door. According to the Jeanerette Police Department Policy, this door is to remain open at all times. With the door open, the dispatcher can see directly into cell number one; however, the dispatcher cannot see cell number two from her desk. Both cells are equipped with a steel-framed bunk bed, a toilet, and sink facilities. At the time of this incident, only the toilet and sink were connected to the building structure.

III.

LAW AND DISCUSSION

The duty-risk negligence analysis considers five separate elements: (1) whether the defendants had a duty to conform their conduct to a specific standard (the duty element); (2) whether the defendant's conduct failed to conform to the appropriate standard (the breach element); (3) whether the defendant's substandard conduct was a cause-in-fact of the plaintiff's injuries (the cause-in-fact element); (4) whether the defendant's substandard conduct was a legal cause of the plaintiff's injuries (the scope of liability or scope of protection element); and, (5) whether there were actual damages (the damages element). Roberts v. Benoit, 605 So.2d 1032, 1041 (La.1991); Fowler v. Roberts, 556 So.2d 1, 4 (La.1989). A court of appeal may not set aside a trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." Stobart v. State, 617 So.2d 880, 882 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989).

First, we consider whether a duty was owed to the prisoner in this case. Generally, a sheriff or police officer owes a general duty to a prisoner to save him from harm and the officer is liable for the prisoner's injury or death resulting from a violation of such a duty. Barlow v. City of New Orleans, 257 La. 91, 241 So.2d 501 (La.1970). Also, the supreme court "recognized a general rule that police officers are charged with a higher degree of care for a prisoner's safety and protection when the officers are aware that the prisoner is in an intoxicated state...." Griffis v. Travelers Insurance Company, 273 So.2d 523, 525 (La. 1973). However, the police officer must only do what is reasonable under the circumstances, and he is only liable for a certain category of risks. Id. at 526. The police officer is not the insurer of the safety of the prisoner because that prisoner is intoxicated. Id.

In the present case, the trial judge was manifestly erroneous in finding no heightened duty was required by the police officers because this decision was not reasonably supported by the record. Both Officers Frizzell and Landry testified that Wilbert Manuel was intoxicated at the time of his arrest. Also, Mr. Manuel had a blood alcohol level of 0.128 at his time of death which means it was at least this, if not more, at the time of his arrest. Mr. Manuel's actions serve as further proof that he was highly and uncontrollably intoxicated at the time of arrest. Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
702 So. 2d 709, 95 La.App. 3 Cir. 1202, 1997 La. App. LEXIS 2167, 1997 WL 559661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manuel-v-city-of-jeanerette-lactapp-1997.