Norton v. County of Le Sueur

565 N.W.2d 447, 1997 Minn. App. LEXIS 610, 1997 WL 307034
CourtCourt of Appeals of Minnesota
DecidedJune 10, 1997
DocketC8-96-2173
StatusPublished
Cited by2 cases

This text of 565 N.W.2d 447 (Norton v. County of Le Sueur) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norton v. County of Le Sueur, 565 N.W.2d 447, 1997 Minn. App. LEXIS 610, 1997 WL 307034 (Mich. Ct. App. 1997).

Opinions

OPINION

DAVIES, Judge.

The heirs of Richard James Trautline seek recovery against the County of Le Sueur and Sheriff Pat W. Smith (in his representative capacity) in a wrongful death action arising out of Trautline’s suicide during his incarceration at the Le Sueur County Jail. The county and sheriff (county) challenge the trial court’s partial denial of summary judgment. That denial preserved claims premised on failure to properly implement the county’s suicide prevention procedures. The county contends that the discretionary immunity provision of Minn.Stat. § 466.03, subd. 6, protects it from liability for all claims. We agree and reverse the partial denial of summary judgment.

FACTS

On May 15, 1995, the Le Sueur County Sheriffs Office received a report that Richard James Trautline, Jr., had contacted his wife in violation of an order for protection. [449]*449Iir estigator Thomas Doherty was informed that Trautline had threatened to go to his wife’s residence and commit suicide. Doherty took Trautline into custody.

On the way to the Le Sueur County Jail, Trautline informed Doherty that he had no intention of committing suicide and that he was just trying to get back at his wife for obtaining a protection order. Trautline further advised Doherty that he had recently obtained a $20,000 loan to repair restorable cars, that he had much to live for, and that he would not take his life “over a woman.” When Trautline was booked into the Le Su-eur County Jail at 11:00 a.m., the booking officer noted that Trautline had threatened suicide earlier that day but now stated that he was not contemplating suicide.

Trautline received a medical referral to the Le Sueur County Mental Health Department for a suicide risk assessment. Mark S. Trax-ler, a mental health worker who regularly conducted suicide risk assessments for the county, examined Trautline at 2:30 p.m. Trautline consistently denied any intention of suicide and appeared to express feelings and concerns inconsistent with suicide. Trautline indicated active planning for his future, including obtaining a lawyer and arranging for bail. Traxler concluded that Trautline showed no indication of any suicidal ideation, let alone an active plan for suicide. Traxler decided that no further preventative action was necessary. Trautline also specifically declined Trader's offer of extra precautions through psychiatric hospitalization.

A policy and procedure manual for the Le Sueur County Law Enforcement Center sets forth procedures for dealing with inmates in the jail who are at risk of suicide, but Traut-line was, on his return to the jail, placed with the general prisoner population. He was left alone and unobserved in his cell from 6:40 p.m. until his cellmate returned to the cell at 9:28 p.m. and discovered that Trautline had hanged himself.

The county moved, on governmental immunity grounds, for summary judgment dismissing all claims. The county appeals the denial of summary judgment on the claims that were based on liability for failure to properly implement its suicide policy.

ISSUE

Did the district court err in denying the county immunity from claims arising from its failure to implement the suicide prevention procedures specified for its jail?

ANALYSIS

Denial of a defense motion for summary judgment based on governmental immunity is immediately appealable because immunity from suit is “effectively lost if a case is erroneously permitted to go to trial.” Anderson v. City of Hopkins, 398 N.W.2d 363, 364 (Minn.1986). On conceded facts, whether an immunity defense applies is a question of law. Elwood v. County of Rice, 423 N.W.2d 671, 675 (Minn.1988). A reviewing court considers a question of law -without deference to the decision of the district court. Frost-Benco Elec. Ass’n v. Minnesota Pub. Utils. Comm’n, 358 N.W.2d 639, 642 (Minn.1984).

The legislature has waived traditional principles of governmental immunity, requiring the state and municipalities to pay compensation where a private person would be liable. Holmquist v. State, 425 N.W.2d 230, 231 (Minn.1988); see also 1963 Minn. Laws ch. 798, §. 2 (eliminating immunity for municipalities); 1976 Minn. Laws ch. 331, § 33, subd. 1 (eliminating immunity of state). Certain exceptions to the liability rule exist, including the discretionary function exception. Nusbaum v. County of Blue Earth, 422 N.W.2d 713, 718 (Minn.1988). Discretionary function immunity, also known as statutory immunity, protects municipalities from liability for claims based on the “performance or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.” Minn.Stat. § 466.03, subd. 6 (1996).

The purpose of [statutory immunity] is to preserve the separation of powers by protecting executive and legislative policy decisions from judicial review through tort actions.

Killen v. Independent Sch. Dist., 547 N.W.2d 113, 116 (Minn.App.1996) (citing Nusbaum, [450]*450422 N.W.2d at 718), review denied (Minn. Aug. 6,1996).

In determining whether statutory immunity applies, the critical question is whether the specific governmental conduct at issue involves the balancing of policy objectives. Kitten, 547 N.W.2d at 116. “A protected planning level decision” involves public policy considerations “and the balancing of competing social, political, or economic considerations.” Id. (citing Pletan v. Gaines, 494 N.W.2d 38, 43-44 (Minn.1992), and Nusbaum, 422 N.W.2d at 719-20). Unprotected operational or implementation decisions “involve the day-to-day workings of a governmental unit.” Id. (citing Holmquist, 425 N.W.2d at 232). In addition to the balancing of complex factors, application of the discretionary immunity doctrine requires a determination that “exposing the municipality to tort liability would undermine public policy.” Vrieze v. New Century Homes, Inc., 542 N.W.2d 62, 66 (Minn.App.1996). Our analysis must, therefore, identify and focus on the precise governmental decisions being challenged.

Statutory immunity does not ordinarily attach to a health worker’s decision involving professional judgment and discretion. See Nusbaum, 422 N.W.2d at 722 (statutory immunity not applicable to decisions involving merely professional or scientific judgment); see also Terwilliger v. Hennepin County, 561 N.W.2d 909, 913 (Minn.1997) (day-to-day treatment decisions not immune from tort liability).

The professional and scientific judgments of medical professionals employed by the government are protected, however, when the challenged decision involves balancing of financial, political, economic, and social considerations.

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Norton v. County of Le Sueur
565 N.W.2d 447 (Court of Appeals of Minnesota, 1997)

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