Suetta Smith v. County of Lenawee

505 F. App'x 526
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 20, 2012
Docket11-1523
StatusUnpublished
Cited by76 cases

This text of 505 F. App'x 526 (Suetta Smith v. County of Lenawee) 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
Suetta Smith v. County of Lenawee, 505 F. App'x 526 (6th Cir. 2012).

Opinions

OPINION

ALAN E. NORRIS, Circuit Judge.

Plaintiff Suetta Smith filed suit on behalf of her deceased daughter Brenda Smith, who died while incarcerated in the Lenawee County, Michigan jail. Smith was taken into custody for a parole violation on Friday, April 27, 2007. The following Monday morning she died of a seizure brought on by delirium tremens. The two-count amended complaint alleges deliberate indifference to her serious medical needs in violation of 42 U.S.C. § 1983 and gross negligence under Michigan law. The amended complaint names the County, the sheriff, the off-site doctor in charge of medical care, and various jail employees as defendants. The district court denied summary judgment to all but two of the named defendants. With the exception of the doctor, they appeal that denial. We affirm in part and reverse in part.

I.

Smith arrived at the Lenawee County Jail at approximately 5 p.m. on Friday, April 27, 2007. The daytime shift supervisor, Sergeant Mary Neill, frisked her on arrival. That evening Neill spoke with the jail’s medical director, Dr. Jeffrey Stickney, by telephone. Neill told him, “She says she drinks everyday, she’s an alcoholic. Um, she’s shaking really bad.” He responded by saying that “I’ll order some stuff tomorrow.”

At the time of her arrival, Smith, who was 37, was taking high blood pressure medication and Dilantin, an anti-epileptic drug to control seizures that had begun some six months earlier. Dr. Stickney prescribed Librium after speaking with Neill. Smith took her first dose at 9:35 that evening. Neill noted in a “pass-on” sheet that it was ordered for “alcohol withdrawal.”

Sergeant Paul Dye took over as shift commander at 7 p.m. on Friday and worked until 7 the following morning. He noted that Smith was suffering from “DTs” in a pass-on sheet. That evening Smith spoke to her mother, Suetta Smith, and told her “I better get some medical attention here because I’m going to go through withdrawals. I’m already shaking like a leaf.”

At 7 a.m. on Saturday morning, Sergeant Neill relieved Dye. Dye returned that evening for the overnight shift. At 3:30 on Sunday morning, Dye noted that Smith was exhibiting “paranoid behavior and irrational actions.” She was singing, pounding on the walls, and talking to relatives who were not present.

[530]*530As the day progressed, Adam Ondro-vick, an intake officer, saw her speaking to people who did not exist. He was replaced at 7 p.m. by intake officer Wendy Vander-pool. In her deposition, Vanderpool recalled that Smith was “agitated, talking about things in her life as if she was there and then she was back, you know, in the jail.”

Sergeant Dye was also on duty Sunday night and stayed until 3 a.m. on Monday morning. He moved Smith to a padded observation cell. He called Dr. Stickney at 9:26 p.m. and told him that she was “to the point of really bad hallucinations right now.” Dye reported that Smith had not eaten lunch, was “getting kind of violent about wanting to get out of her cell,” and was generally agitated. Stickney replied that “she’s on good medicine” and that he would have the part-time jail nurse examine Smith the following day. Stickney also said, “Sitting in the jail will do her some good.”

Wendy Vanderpool was on duty from 7 p.m. on Sunday until Smith died at ten on the following morning. At her deposition, Vanderpool testified that Smith was “sweaty from holding that wall up.” In other words, Smith was so delusional that she thought that the wall would fall down without her. Vanderpool affirmed that Smith was in a padded observation cell. By 5 a.m. on Monday, she noted that Smith was “getting more settled.” She was “on the floor playing with puppy dogs and playing with bugs.”

At 7 a.m. Sergeant Craig took over as shift commander. After Smith’s death Detective David Seeburger prepared a death investigation report, which included a timeline of Smith’s final hours based upon a videotape of the cell. According to this timeline, at 8:46 a.m. Smith was on her buttocks and knees with her upper torso resting on the cell’s bench. A minute later, Craig entered the cell and set a cup of water near Smith, which she did not touch. He looked at her but left the cell seconds later. At that point, Smith was “still moving her hands and feet and head occasionally.”

Craig told Vanderpool to monitor Smith every fifteen minutes. Vanderpool was assisted by intake officer Bennice Baker who started her first day of work at the jail that morning.

Around 9 a.m., officer Thomas Moore1 arrived to serve Smith with her parole violation notice. However, he was unable to do so because of Smith’s condition. The videotape of Smith’s cell reveals that she last moved at 9:19 a.m. At 9:50 a.m., corrections officers entered the cell, observed that Smith was not breathing, and summoned help. Paramedics arrived five minutes later and transported her to the hospital where she was pronounced dead at 11:22 a.m.

As the district court recognized, the liability of each individual defendant must be analyzed separately. Phillips v. Roane Cnty., Tenn., 534 F.3d 531, 542 (6th Cir.2008). Additional facts will be discussed in the context of those analyses, including the roles played by defendants Eric Westgate and Adam Ondrovick whom we have no mentioned in this brief factual recitation.

II.

A. Jurisdiction

For purposes of appeal, the district court’s rulings on both qualified immunity [531]*531under federal law and governmental immunity under Michigan law constitute final appealable orders. Smith, 600 F.3d at 689-90. We recognize that while the purely legal issue of qualified immunity is immediately appealable under 28 U.S.C. § 1291, Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), we lack jurisdiction when the district court bases its denial of qualified immunity on “a ‘genuine’ issue of fact for trial.” Sabo v. City of Mentor, 657 F.3d 332, 335-36 (6th Cir.2011) (quoting Johnson v. Jones, 515 U.S. 304, 319, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995)). In its opinion, the district court observed, “[t]he qualified immunity issue in this case is fact-bound.” Nevertheless, “we have jurisdiction to consider an appeal from a denial of qualified immunity if the defendant does not dispute the facts alleged by the plaintiff for purposes of the appeal.” Bishop v. Hackel, 636 F.3d 757, 764 (6th Cir.2011). Put differently, defendant must concede the most favorable view of the facts to plaintiff to get past the jurisdictional hurdle of Johnson. Id. at 764-65. We keep this precept in mind when assessing whether the facts support a grant of qualified immunity.

B. Qualified Immunity

Government officials are immune from civil liability under 42 U.S.C.

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505 F. App'x 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suetta-smith-v-county-of-lenawee-ca6-2012.