Serafin v. City of Johnstown

53 F. App'x 211
CourtCourt of Appeals for the Third Circuit
DecidedNovember 25, 2002
DocketNo. 02-1281
StatusPublished
Cited by5 cases

This text of 53 F. App'x 211 (Serafin v. City of Johnstown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Serafin v. City of Johnstown, 53 F. App'x 211 (3d Cir. 2002).

Opinion

OPINION

BARRY, Circuit Judge.

Appellant Joseph A. Serafín, by his mother, Carmella Serafín, as his personal representative, brought this action under 42 U.S.C. § 1983 asserting violations of the Eighth Amendment and the Due Process Clause of the Fourteenth Amendment. The District Court entered summary judgment in favor of defendants, and Serafín timely appealed. We have jurisdiction under 28 U.S.C. § 1291 and will affirm.

[213]*213i.

Because the parties are familiar with the facts of the underlying dispute, we will discuss them only as necessary to resolve the issues presented.

At 9:15 on the night of December 23, 1995, Joseph Serafín was arrested for public intoxication by City of Johnstown Police Officer Barney Soloman. Serafín was taken to a hospital emergency room, treated for a laceration on his lip, and then discharged into police custody, with instructions that he should be maintained on a “suicide watch while in jail.” (App. at 47-52, 84.) After Serafín was put in his cell, Soloman advised the records clerk, Michelle Ciotti, “to keep a careful eye on him” because he was suicidal. (App. at 53, 56, 64, 71-72.) As far as Ciotti understood, this meant not to watch him “continuously,” but to monitor him while answering the phone and looking at other inmates. (App. at 65-66.) At approximately 11:30 p.m., Serafín hanged himself with his shirt from the bars of his cell. Ciotti switched the channel of the monitor to look at his cell and saw him hanging by his neck. She immediately called for help, and within a minute, a passing officer was inside Serafin’s cell, trying to revive him. Although Serafín survived, he suffered brain damage.

II.

Our review is plenary. Public Interest Research of N.J. v. Powell Duffryn Terminals, Inc., 913 F.2d 64, 71 (3d Cir.1990), cert. denied, 498 U.S. 1109, 111 S.Ct. 1018, 112 L.Ed.2d 1100 (1991). In reviewing the District Court’s grant of summary judgment, we must view the facts in the light most favorable to appellant and affirm only if there is no genuine issue as to any material fact and appellees are entitled to judgment as a matter of law. Anderson v. Consol. Rail Corp., 297 F.3d 242, 247 (3d Cir.2002).

As a preliminary matter, we must observe that any liability Ciotti may have for her own actions is not at issue, since Serafín sued only the City and its Chief of Police, Robert Huntley. Defendants cannot be hable in a section 1983 suit for a constitutional violation by an employee under a respondeat superior theory simply because they employed him or her. Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). The City and Huntley can be hable under section 1983 only if they caused an employee to violate another’s constitutional rights, through execution of an official pohcy or settled informal custom. See id. at 691-94.

The Eighth and Fourteenth Amendments impose upon prison officials a duty to address the serious medical needs of a pretrial detainee, including psychiatric needs. Colburn v. Upper Darby Township (Colburn I), 838 F.2d 663, 668-69 (3d Cir. 1988). If prison officials know of a particular detainee’s vulnerability to suicide, they may not be dehberately indifferent to that vulnerability. See Simmons v. City of Philadelphia, 947 F.2d 1042, 1064 (3d Cir. 1991); Williams v. Borough of West Chester, 891 F.2d 458, 464 (3d Cir.1989).

Although we have held in the past that this obhgation devolves on prison officials if they know or objectively should know that an inmate is particularly vulnerable to suicide, Colburn I, 838 F.2d at 669, we have since adopted a subjective test for Eighth Amendment deliberate indifference claims in prison conditions cases, in light of Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).1 Con[214]*214sequently, in determining whether a prison official has shown deliberate indifference to inmate health or safety, we look to what a prison official actually knew rather than to what a reasonable official in his or her position should have known. Beers-Capitol v. Whetzel, 256 F.3d 120, 131 (3d Cir. 2001). Actual knowledge may be proven by circumstantial evidence if an excessive risk to inmate health or safety was so obvious that an official must have known about it.2 Id. at 133. Such evidence is not conclusive, however; officials may still prove that they were unaware of even an obvious risk to inmate health or safety. Farmer, 511 U.S. at 844. Moreover, officials may also escape liability “if they responded reasonably to the risk, even if the harm ultimately was not averted.” Id. at 844.

Thus, in order to survive summary judgment on a deliberate indifference claim, a plaintiff must present sufficient evidence to support the inference that the defendants “knowingly and unreasonably disregarded an objectively intolerable risk of harm.” Beers-Capitol, 256 F.3d at 132. This is a high hurdle. In the context of this case, in which Serafin alleges liability on the basis of inadequate policies, he must show, for each policy, that: (1) the policy or practice created an unreasonable risk of Eighth Amendment injury; (2) the City was aware of that risk; (3) the City was indifferent to the risk; and (4) his injury resulted from the policy or practice. This four-part test may be satisfied by showing either that the City failed to respond adequately to a pattern of past occurrences of injuries like Serafin’s, or that the City failed to respond adequately to a great and obvious risk of constitutionally cognizable harm. Id. at 136-37. Because there is insufficient evidence in the record of past suicide attempts to demonstrate a pattern, the relevant standard is the latter.

III.

Serafín alleges that the City demonstrated deliberate indifference in at least three ways: first, by implementing an inadequate policy of monitoring pretrial detainees at risk for suicide; second, by relying on defective video equipment to monitor such detainees; and third, by inadequately training its staff to properly execute its policy regarding monitoring potentially suicidal detainees.

A.

First, Serafín contends that the City’s policies with regard to monitoring pretrial detainees believed to be suicidal evidences deliberate indifference to their safety. According to the Police Department’s written policy, a prisoner known to be at risk for suicide must be monitored every five minutes. If the prisoner has attempted suicide in the past, he must be monitored continuously. Huntley testified, however, that the prison’s unwritten policy has been that an officer continuously monitors a prisoner identified as a suicide risk until a mental health professional arrives.

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Bluebook (online)
53 F. App'x 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serafin-v-city-of-johnstown-ca3-2002.