Salter Ex Rel. Estate of Salter v. Mitchell

711 F. App'x 530
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 5, 2017
Docket16-14703
StatusUnpublished
Cited by2 cases

This text of 711 F. App'x 530 (Salter Ex Rel. Estate of Salter v. Mitchell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salter Ex Rel. Estate of Salter v. Mitchell, 711 F. App'x 530 (11th Cir. 2017).

Opinion

MORENO, District Judge:

In this interlocutory appeal, Defendants Jail Administrator Wilbur Mitchell, Captain Shirley Trent, and Corrections Officer Alisha Brown 1 appeal the district court’s denial of their motion for summáry judgment. Defendants contend they are entitled to qualified immunity in this 42 U.S.C. § 1983 action brought by the widow of William Scott Salter, who committed suicide while in jail. We find that the Defendants were not deliberately indifferent to the inmate’s constitutional rights, and thus Defendants are entitled to qualified immunity. 2

A determination of fault in cases of suicide is a painful task usually self-imposed by the family and friends of the individual who succeeds in his attempt to end his life. The Eighth Amendment’s prohibition against cruel and unusual punishment applies that same obligation to those holding prisoners in custody. But the law also tempers that obligation not to violate a prisoner’s rights by granting qualified immunity to those who may not have personal knowledge of a suicide risk, and even to those with knowledge who were not deliberately indifferent to those risks. Administrator Mitchell, Captain Trent, and Officer Brown were not deliberately indifferent as they based their actions on an experienced, physician’s recommendation to move Mr. Salter from “suicide watch” to the “health watch” unit, where, unfortunately, he killed himself.

I. Factual Background

This ease stems from the suicide death of an inmate, William Scott Salter, at the Conecuh County Detention Facility on March 9, 2010. Salter had a history of depression and had been an inmate at this jail in the past. About seven months before his death, Salter was arrested and incarcerated from August 31 until September 10, 2009, when the probate court committed him to Searcy Mental Hospital.

A few months later, on February 8, 2010, Salter placed an emergency call to the Conecuh County Sheriff reporting a stabbing and burglary. The Sheriffs investigator, Sharon Caraway, determined the stabbing was self-inflicted, noting Salter’s history of suicide threats.

On February 25, 2010, Sheriff Dispatcher Jennifer Wright received a 911 emergency call from Salter, who was threatening suicide. Shortly thereafter, Salter met his therapist, Kevin Bryant, at Southwest Health Center. After their appointment, Bryant sent Salter home because he was not having suicidal thoughts.

Four days later, on March 1, 2010, Evergreen Police Detective Sean Klaetsch arrested Salter on a felony warrant for unlawful breaking and. entering of a vehicle and stealing a Remington 12-gauge shotgun. Salter was transported to the Cone-cuh County Detention Facility and during processing, Salter reported to the booking officer that he had “mental problems,” suffered from depression, and that he took medications for pain and mental issues. Salter also said he was sometimes suicidal and that he had twice tried to kill himself. Salter’s booking sheet lacks information regarding the timing of his past suicide attempts, specifically that one had taken place as recently as February 25, 2010.

The booking officer placed Salter on a suicide watch. 3 At the Conecuh County Jail, corrections officers had authority to place inmates on suicide watch, but only the jail doctor, Fred West, M.D., had sole authority to remove an inmate from suicide watch. 4 Detective Klaetsch told the jail nurse, Monica Johnson, that Salter was suicidal. Ms. Johnson relayed Salter’s condition to Captain Trent, the highest ranking officer at the jail at the time Salter was booked. Ms. Johnson testified generally that “everyone” at the jail knew that Salter had attempted suicide recently. Captain Trent also testified that she was aware Salter had “some history” of attempting suicide. Administrator Mitchell testified that he was unaware of the February 25th incident, but he knew of Salter’s mental health issues from the booking records.

Consistent with suicide watch protocol, Salter was assigned to an isolation cell at the front of the jail in the booking area. Inmates on suicide watch do not receive linens, bed sheets, or clothing other than boxer shorts. Corrections staff must visually check inmates on suicide watch every 15 minutes.

After Salter was processed, Captain Trent noticed Salter was upset because jail staff refused to give him Lortab and Xa-nax, medications not routinely given to inmates. Ms. Johnson visited with Salter for 30 minutes and asked if he had any thoughts about hurting himself, and he responded that he did not. She advised Salter that he would see Dr. West on his scheduled day, March 3, 2010.

On March 2, 2010, Salter had “outbursts” during which he demanded his Lortab and Xanax. Salter had been moved to an isolation cell next to Ms. Johnson’s office, which could be monitored from the booking area. Ms. Johnson responded to an incident where Salter fell to the floor and complained that he was unable to use his left side. After assessing Salter, Ms. Johnson believed he was likely faking the incident in an attempt to get his medications. At that time, she noticed Salter had a blanket in his cell and she removed it consistent with suicide watch protocols. Later that day, Salter refused dinner and Officer Brown placed Salter in a restraint chair for banging his head against the door. Officer Brown relayed the incident to both Ms. Johnson and Administrator Mitchell.

The next day, on March 3, 2010, Dr. West examined Salter in Ms. Johnson’s presence. In his medical notes, Dr. West, who already knew Salter, reported that he was “extremely depressed and agitated” due largely to his inability to work as a result of chronic back pain. Dr. West documented Salter’s February 25, 2010 5 threatened suicide, In telling Dr. West about his February 25th threatened suicide, Salter reported that he had been unable to pull the trigger out of worry for his family. Dr. West also noted the earlier stabbing incident. On March 3, Salter told Dr. West that he was not currently suicidal.

After examining Salter, Dr. West decided to “treat him appropriately and keep him in isolation to watch.” Dr. West resumed Salter’s Lortab and Xanax to avoid withdrawal. He also prescribed Seroquel for bipolar depression and Nefazodon for depression. In his notes, Dr. West indicated that on March 3, he and Ms. Johnson tried to have Salter committed to the local psychiatric hospital for evaluation and treatment, but they were unable to do so, at least in part because neither Salter’s wife (Brenda Salter) nor Salter’s therapist (Bryant) would sign the probate petition. 6 Bryant recalls speaking to Dr. West, who let him know that Salter was in jail, and they discussed whether to commit Salter to the local psychiatric hospital. Bryant never visited with Salter at the jail, but Administrator Mitchell was under the impression that medical staff requested Bryant’s consultation.

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Bluebook (online)
711 F. App'x 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salter-ex-rel-estate-of-salter-v-mitchell-ca11-2017.