AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Prisoner Suicide
Correctional officers
were not liable for failing to prevent pre-trial detainee's suicide. They
had no reason to know that she was likely to kill herself, since she had
not previously threatened or attempted to do so, and the mere fact of her
intoxication, standing alone, was insufficient to put them on notice of
the risk of suicide, particularly when she had been detained on previous
occasions for public intoxication without incident. Cruise v. Marino, No.
3:01-2310, 404 F. Supp. 2d 656 (M.D. Pa. 2005). [N/R]
County sheriff was
entitled to qualified immunity from personal liability for failing to prevent
pretrial detainee suicides at the jail, given that there was no evidence
indicating that he was personally aware that detainees previously had considered
suicide, and there was also no evidence that he personally directed any
actions concerning the detainees during their detention. Mann v. Lopez,
No. Civ.A. SA05CA0527, 404 F. Supp. 2d 932 (W.D. Tex. 2005). [N/R]
County and sheriff
were not liable for detainee's suicide when the jail had procedures in
place to screen detainees for suicidal tendencies and the detainee showed
no signs of any suicidal intentions during three weeks of detention prior
to killing himself. Keehner v. Dunn, No. 05-2136, 409 F. Supp. 2d 1266
(D. Kan. 2005). [N/R]
Jailers did not
act with deliberate indifference in failing to prevent detainee's suicide
attempt when they based their actions on the opinion of a psychiatric doctor
that the prisoner, in previously stabbing himself in the wrist and drinking
cleaning solution, was not suicidal, but merely "acting out"
and "malingering." Drake v. Koss, No. 05-1464, 2006 U.S. App.
Lexis 5396 (8th Cir.). [2006 JB Apr]
Deputies who placed an intoxicated detainee
who had made suicidal threats in a cell under video surveillance were not
liable for his subsequent successful suicide despite failure to remove
the shoelaces he used to hang himself. Short v. Smoot, No. 05-1284, 2006
U.S. App. Lexis 2564 (4th Cir.). County sheriff was not entitled to summary
judgment on claims that he was individually liable for a jail detainee's
suicide on the basis of failure to train personnel on the risk of detainee
suicide. Gaston v. Ploeger, No. 04-2368, 399 F. Supp. 2d 1211 (D. Kan.
2005). [2006 JB Mar]
Facts alleged were sufficient to create a
genuine issue as to whether an officer was deliberately indifferent to
a "strong likelihood" that a DUI arrestee would commit suicide
while in the city jail. Snow v. City of Citronelle, No. 04-14409, 2005
U.S. App. Lexis 17243 (11th Cir.). [2005 JB Oct]
Allegedly suicide-prone prisoner failed to
show a causal connection between the pending execution of another inmate
and the alleged increased risk that he and other suicide-prone prisoners
might attempt to harm themselves. Trial court properly dismissed his lawsuit,
which he sought to bring as a class action on behalf of suicide-prone prisoners,
seeking to bar the execution. Ziemba v. Rell, No. 05-8903, 409 F.3d 553
(2nd Cir. 2005). [N/R]
Prison officials did not show deliberate
indifference to the serious needs of a mentally ill and suicidal prisoner
by failing to provide requested therapeutic art supplies, when they did
provide a medical examination and anti-psychotic medications. Scarver v.
Litscher, No.01C497, 371 S. Supp. 2d 986 (W.D. Wis. 2005). [N/R]
If officers waited ten minutes to summon
medical assistance after discovering that arrestee had hung himself in
his cell, this could be found to be deliberate indifference, serving as
a basis for liability for his death. Bradich v. City of Chicago, No. 04-3626,
2005 U.S. App. Lexis 13131(7th Cir.). [2005 JB Aug]
Sheriff and jail administrator could not
be held liable for detainee's suicide in the absence of any evidence that
either of them was aware of a conversation the detainee's spouse had with
a correctional officer concerning the risk that he might attempt suicide
or another officer's report that the detainee may have been trying to accumulate
some of his medications to use at a later time. Court also finds that jail's
suicide prevention policy was reasonable and that the county was not deliberately
indifferent to training its employees in the prevention of suicide. The
fact that the policy had not been "updated" recently, and that
jail was not accredited by the American Correctional Association (ACA),
did not alter the result when the policy contained a detailed listing of
factors for the identification of possibly suicidal prisoners, procedures
for screening inmates, and required that personnel receive on-going training
in suicide prevention and intervention. Harvey v. County of Ward, No. A1-03-135,
352 F. Supp. 2d 1003 (D.N.D. 2005). [N/R]
Federal trial court properly granted judgment
as a matter of law on federal civil rights claims and negligent training
and supervision claims against Florida sheriff arising out of detainee's
suicide after his requests to see a psychiatrist failed to be granted.
Appeals court finds, however, that the trial court erred in also granting
judgment for the sheriff on a state law vicarious liability negligence
claim. Trial court acted within its discretion in excluding evidence of
other suicides at detention facility, and testimony of plaintiff's suicide
expert witness. Cook v. Sheriff of Monroe County, No. 03-14784, 2005 U.S.
App. Lexis 4014 (11th Cir. 2005). [2005 JB May]
Alleged county jail policy of keeping all
pretrial detainees housed in administrative segregation completely naked
violated their due process and Fourth Amendment rights, and was not justified
by concerns about suicide and guard safety. Federal court was also troubled
by the use of guards of the opposite gender to remove clothing from such
detainees. Sheriff was, however, entitled to qualified immunity from liability,
as the law on the subject was not clearly established at the time the alleged
policy was implemented. Rose v. Saginaw County, #01-10337, 353 F. Supp.
2d 900 (E.D. Mich. 2005). [2005 JB May]
City and police officer were not liable for
suicide of pre-trial detainee in his cell when officer did not know that
the detainee was suicidal and the city had constitutionally adequate suicide
prevention policies. Gray v. City of Detroit, No. 03-2515, 2005 U.S. App.
Lexis 3419 (6th Cir. 2005). [2005 JB Apr]
Police officer working as jailer in city
jail was not entitled to peace-officer immunity under Alabama State law
on a claim against him by the sister of an inmate who committed suicide
there. The officer allegedly failed to follow mandatory rules and procedures
requiring him to check on the prisoner twice an hour, and therefore was
not exercising discretion when he engaged in the conduct that allegedly
led to the inmate's death. Court rejects, however, claims against police
chief based on training, implementing and enforcing procedures concerning
the identification and handling of potentially suicidal prisoners. Howard
v. City of Atmore, No. 1021312, 887 So.2d 201 (Ala. 2003), as modified
on denial of rehearing (2004). [N/R]
County, warden, and jail personnel had no
liability for pre-trial detainee's suicide when there was nothing which
would have put them on notice that he was particularly susceptible to suicide
attempts. Woloszyn v. Lawrence, No. 03-2390, 2005 U.S. App. Lexis 1417
(3d Cir.). [2005 JB Mar]
Juvenile pre-trial detainee's rights were
not violated by his incarceration in adult county jail when it was done
in compliance with Michigan state law and he was kept segregated from adult
prisoners. Conditions he faced in lock-down were not punitive but were
justified by a legitimate interest in preventing his possible suicide.
Federal appeals court further finds that his due process rights were not
violated by his loss of credit in alternative education program following
his arrest and detention or by the program's refusal to re-enroll him after
his release. Daniels v. Woodside, No. 03-2053, 2005 U.S. App. Lexis 1127
(6th Cir.). [2005 JB Mar]
Sheriff was not entitled to qualified immunity
to claim that he was deliberately indifferent in his training and supervision
of personnel in dealing with the risk of suicide in a county jail where
two prior suicides had occurred. Detainee who threatened suicide was allegedly
placed in an isolation cell and given a blanket with which he hung himself
a half hour after making the threat. Wever v. Lincoln County, No. 03-3633,
2004 U.S. App. Lexis 22974 (8th Cir. 2004). [2004 JB Dec]
Jail personnel were not deliberately indifferent
to a substantial risk of injury or death for pretrial detainee subsequently
found dead in her cell either from self-hanging or from strangulation by
another person. There were no prior signs that the detainee, arrested for
allegedly operating a vehicle under the influence of drugs, was suicidal
and there was no information from which they would have known that she
was at risk of harm by someone else, and no evidence that the jailers themselves
murdered her. Stiltner v. Crouse, No. 1:03 CV 00078, 327 F. Supp. 2d 667
(W.D.Va. 2004). [N/R]
Deliberate indifference to the risk that
a detainee in a county jail would commit suicide was not shown where the
jailer removed shoes and socks from the detainee's cell, had him placed
in a padded "lunacy cell," and instructed personnel to place
him on a suicide watch. Additionally, when the detainee was subsequently
observed in the cell without clothes and in a "frog-like" position,
a nurse was instructed to observe the detainee to assist in determining
whether the cell should be entered, and it was concluded that the detainee
was merely sleeping at the time. The fact that this conclusion was incorrect
might show negligence, but not the deliberate indifference required for
a civil rights claim. Gray v. Tunica County, Mississippi, #03-60761, 100
Fed. Appx. 281 (5th Cir. 2004). [N/R]
Federal appeals court reinstates claim against
county sheriff for failing to protect detainee against risk of suicide
after he learned that he had just made a suicide attempt at another jail
from which he had been transferred. Sheriff allegedly failed to inquire
into the details of this prior attempt and placed the prisoner in a cell
with a bedsheet with which the prisoner successfully killed himself. The
prior suicide attempt days before had also involved the use of a bedsheet.
Turney v. Waterbury, No. 03-2375, 2004 U.S. App. Lexis 14811 (8th Cir).
[2004 JB Sep]
Prison psychiatrist and mental health worker
did not act with deliberate indifference in returning prisoner, formerly
found to be suicidal, to the general prison population, after which he
successfully killed himself. The prisoner, at the time, appeared to have
responded positively to the medication provided, and signed a contract
in which he agreed not to hurt himself or others. The court finds that
there was nothing from which the defendants could have inferred a strong
likelihood that he would commit suicide at that time. Soles v. Ingham County,
316 F. Supp. 2d 536 (W.D. Mich. 2004). [N/R]
Alleged failure of correctional employees
to attempt to resuscitate an inmate found hanging in his cell did not violate
any clearly established constitutional right in the absence of any evidence
that the inmate had a pulse or was breathing at the time a corrections
officer arrived at the cell. Dipace v. Goord, 308 F. Supp. 2d 274 (S.D.N.Y.
2004). [N/R]
Federal appeals court upholds wrongful death
jury award of $1.75 million in Illinois detainee suicide case based on
alleged custom of failing to follow proper procedures with mentally ill
inmates. Woodward v. Corr. Med. Services of Illinois, #03-3147, 2004 U.S.
App. Lexis 9537 (7th Cir.). [2004 JB Jul]
Pre-trial detainee's prior placement on suicide
watch, and other prior incidents, including him cutting himself, did not
suffice to show that jail officials were deliberately indifferent to the
possibility of his attempting suicide by placing him in the general population,
when a medical judgment had been made that this was now appropriate. There
was nothing to show that jail officials were subjectively aware of a substantial
risk that the detainee would imminently attempt suicide. Detainee therefore
could not seek damages for injuries suffered in unsuccessful suicide attempt.
Strickler v. McCord, 306 F. Supp. 2d 818 (N.D. Ind. 2004). [N/R]
Claim that jail personnel who came into contact
with a pre-trial detainee "should have" known that she was suicidal
was not sufficient to state a claim for "deliberate indifference"
to a known substantial risk of suicide as required for federal civil rights
liability. House v. County of Macomb, 303 F. Supp. 2d 850 (E.D. Mich. 2004).
[N/R]
Jailer who decided to finish feeding other
inmates rather than immediately checking on pretrial detainee he observed
lying nude and apparently sleeping in a "peculiar" position was
entitled to qualified immunity from liability for prisoner's successful
suicide. The detainee's use of his jail jumpsuit to strangle himself was
not foreseeable and the cell was padded, lacking fixtures that could be
used by a prisoner seeking to hang himself. Gray v. Tunica County, Mississippi,
279 F. Supp. 2d 789 (N.D. Miss. 2003). [N/R]
Detainee's action of hanging himself to death
with shoelace in his holding cell less than two hours after being placed
there on DUI charges did not subject facility to liability under Pennsylvania
state law for negligence. Neither "personal property" nor "real
estate" exceptions to sovereign immunity under state law applied.
Pennsylvania State Police v. Klimek, 839 A.2d 1173 (Pa. Cmwlth. 2003).
[2004 JB Apr]
Private psychiatric hospital
and not-for-profit company which owned it were not immune under Tennessee
law for potential liability for county jail inmate's suicide on the basis
of their employee's alleged action in telling county jail that suicide
protocol precautions were not necessary for this prisoner. Employee also
qualified as a "state employee" because of his service in screening
prisoners to determine if hospitalization was appropriate, and as a state
employee, he was entitled to statutory immunity, but this did not alter
the result as to the hospital or its owner. Shelburne v. Frontier Health,
126 S.W.3d 838 (Tenn. 2003). [N/R]
Georgia county correctional facility
personnel took steps to monitor prisoner known to be a suicide risk after
he previously attempted to harm himself and were not liable for his successful
suicide in his cell which he accomplished by "unique methods,"
fashioning a tourniquet from a bed sheet and a crutch he had in his cell
which he needed to walk after he broke his leg. Middlebrooks v. Bibb County,
582 S.E.2d 539 (Ga. App. 2003). [2004 JB Mar]
Federal trial judge upholds jury's finding
that jail officials were negligent under Kansas state law, but not deliberately
indifferent, as required for a federal civil rights claim, in failing to
prevent the successful suicide of a inmate who used an electrical switchplate
in his cell as a suicide aid. Jury's award of $10,002,000 in damages is
reduced to $252,000 because of state statutory limit on wrongful death
damage awards. Estate of Sisk v. Manzanares, 270 F. Supp. 2d 1265 (D. Kan.
2003). [2003 JB Dec]
Correctional officer could be found
to have acted with deliberate indifference to an inmate's suicide threat
if he actually, as alleged, responded to the threat by encouraging him
to go ahead, leaving the area for a time, and refusing to return when other
inmates tried to inform him of the inmate's hanging himself. Olson v. Bloomberg,
No. 02-1874, 339 F.3d 730 (8th Cir. 2003). [2003 JB Nov]
Jail's failure to provide a second nighttime
jailer, even if it violated the provisions of an earlier consent decree
concerning jail conditions did not establish a violation of the rights
of a pretrial detainee who committed suicide during night hours when only
one jailer was on duty. Sole jailer did not act with deliberate indifference
to the needs of the detainee, who had allegedly expressly threatened suicide,
by waiting for approximately one hour and 46 minutes between conducting
checks of the prisoner's cells. Cagle v. Sutherland, No. 02-13131, 334
F.3d 980 (11th Cir. 2003). [2003 JB Nov]
Prisoner's failure to object, in the trial
court, to a magistrate's report and recommendations resulting in the dismissal
of his claims that correctional officials were deliberately indifferent
to his suicide attempts by allowing him to possess and swallow razor blades,
barred his arguing any of his claims on appeal. Bacon v. McGarry, No. 02-4194,
71 Fed. Appx. 19 (10th Cir. 2003). [N/R]
Manufacturer of paper gown allegedly marketed
for use with suicidal prisoners could be held liable when it failed to
tear away when detainee hanged himself with it. Claims for products liability,
negligence, and breach of warranty could proceed, along with due process
claims against city for alleged reckless failure to provide proper medical
care for suicidal prisoner. Court dismisses Eighth Amendment claim as inapplicable
for the death of a pretrial detainee, as opposed to a convicted prisoner.
Reed v. City of Chicago, No. 01C7865, 263 F. Supp. 2d 1123 (N.D. Ill. 2002).
[2003 JB Oct]
County and county sheriff reach $300,000
settlement with family of jail inmate on their claim that his needs for
psychiatric counseling were ignored, leading to his successful suicide.
Lawsuit contended that the jail staff had knowledge that the prisoner had
suicidal tendencies and had been diagnosed as a manic-depressive schizophrenic,
but failed to make arrangements to provide mental health care. Estate of
Price v. Black Hawk County, No. 00-CV-2008 (N.D. Iowa March 21, 2003),
reported in The National Law Journal, p. B2 (April 7, 2003). [N/R]
Jail inmate's suicide was an unforeseen incident
which could not be shown to have taken place because of the failure of
officers to regularly conduct surveillance of his cell, when he acted "calm
and controlled" before he took his own life, and his behavior did
not show that he might be a danger to himself. Harvey v. Nichols, No. A03A0568,
581 S.E.2d 272 (Ga. App. 2003). [2003 JB Sep]
Montana Supreme Court finds that prison's
practice of subjecting certain inmates to behavior modification plans,
along with the living conditions in the areas where such inmates were housed,
violated the state constitutional right to "human dignity" of
mentally ill prisoner and represented cruel and unusual punishment, especially
when used as a substitute for medical treatment for disruptive and suicidal
prisoner. Walker v. State of Montana, #01-528, 68 P.3d 872 (Mont. 2003).
[2003 JB Aug]
Parents of Mississippi inmate who committed
suicide while incarcerated in county detention facility could not, under
state law, pursue wrongful death lawsuit against defendant correctional
officials when they were acting within the scope of their authority. State
statute, A.M.C. Sec. 11-46-9(1)(m) prohibits inmate's negligence lawsuits
against governmental entities and government employees acting within the
scope of their authority, and the prisoner's parents "stood in the
position" of the inmate in attempting to pursue a claim for wrongful
death. Webb v. Desoto County, #2002-CA-00005-SCT, 843 So. 2d 682 (Miss.
2003). [N/R]
Estate of prisoner who died from a prescription
drug overdose state a possible claim for negligence by alleging that prison
personnel violated policies requiring controlled substance medication to
be administered by licensed personnel, and by failing to complete a timely
"unusual incident report" (UIR) concerning the prisoner's suicide
attempt. Arias v. State of New York, Claim No. 97942, 755 N.Y.S.2d 223
(Ct. Cl. 2003). [N/R]
Correctional officials' interest in preventing
suicide and preserving life, as well as maintaining order and discipline,
outweighed a hunger-striking prisoner's right to privacy, resulting in
a right to force-feed the prisoner. People ex. Rel. Department of Corrections
v. Millard, Nos. 4-01-0857, 782 N.E.2d 966 (Ill. App. 2003). [2003 JB
May]
Estate of manic-depressive schizophrenic
prisoner with prior suicidal tendencies who committed suicide in his cell
when left unattended reaches $300,000 settlement on federal civil rights
lawsuit against sheriff and county. The plaintiff claimed that the decedent's
need for psychiatric treatment or counseling was ignored, while the defendants
argued that the decedent did not indicate a need for such care, but instead
misled jail personnel about his medical history. Estate of Price v. Black
Hawk County, No. 00-CV-2008 (March 21, 2003, N.D. Iowa), reported in The
National Law Journal, p. B2 (April 7, 2003). [N/R]
Federal jury awards $1.75 million to the family
of county jail detainee who hung himself after telling jail medical workers
that he was suicidal. Jury award imposes liability on company that contracted
with county to provide medical services at facility, as well as against
social worker. County settled claims against it for $60,000 prior to trial.
Woodward v. Correctional Medical Services, No. 00C6010, U.S. District Ct.
N.D. Ill., Feb. 24, 2003, reported in Chicago Tribune, Sec. 2, page 3 (Feb.
25, 2003) and Chicago Daily Law Bulletin, p. 3 (Feb. 25, 2003). [2003 JB
Apr]
The fact that a city's policy on monitoring
suicidal pre-trial detainees allowed the clerk doing so to perform other
duties at the same time did not, by itself, demonstrate deliberate indifference
to the risk of harm, nor did the fact that the video equipment used for
monitoring in this particular instance turned out to be defective. Serafin
v. City of Johnstown, #02-1281, 53 Fed. Appx. 211 (3rd Cir. 2002). [2003
JB Apr]
Lawsuit for wrongful death based on prisoner's
suicide which named health care provider as a defendant did not have to
comply with medical malpractice lawsuit requirement of submission of an
expert affidavit of merit. Correctional officers who allegedly failed to
follow jail policies for monitoring and inspecting the prisoner's cell
were not protected by qualified immunity from wrongful death action, as
their duty of inspecting the cells on a schedule was "clear and certain,"
rather than requiring the exercise of personal judgment. Clark v. Prison
Health Services, Inc., #A02A1014, 372 S.E.2d 342 (Ga. App. 2002). [N/R]
Dismissal in federal court of wrongful death lawsuit
brought over detainee's action of hanging himself in county jail barred
relitigation of the estate's wrongful death and negligence claims in state
court. Quinn v. Estate of Jones, No. 2000-CA-00977-SCT, 818 So. 2d 1148
(Miss. 2002). [N/R]
Prison medical personnel were not deliberately
indifferent to the needs of an inmate who committed suicide, when prisoner's
condition was changeable and he sometimes appeared able to interact appropriately
with others. Pelletier v. Magnusson, 201 F. Supp. 2d 148 (D. Maine 2002).
[2002 JB Oct]
Federal civil rights lawsuit brought by inmate's
estate more than two years after his suicide in a county jail was time-barred
by a Kansas two year statute of limitations. The time period began to run
after the sheriff showed the administrators an air vent similar to that
from which the inmate hanged himself and told them that two other similar
deaths had occurred, which had led him to consider placing covers over
the vents, which he did not do. The court rejected the argument that the
grief of the inmate's parents over his death tolled (extended) the two
year time limit. Hanchett v. Saline County Board of Commissioners, 194
F. Supp. 2d 1150 (D. Kan. 2001). [N/R]
County was not liable to detainee's suicide
in jail on the basis of alleged inadequately staffing when it had an effective
policy of checking on suicidal inmates every fifteen minutes and an officer
saw and spoke to the detainee 15 to 20 minutes prior to the time he was
found hanging in his cell. Rapier v. Kankakee County, Illinois, 203 F.
Supp. 2d 978 (C.D. Ill. 2002). [2002 JB Sep]
Jailer's alleged awareness of detainee's prior
suicide attempt seven months before was not sufficient, standing alone,
to impose liability for detainee's successful suicide, in the absence of
any indication that there was a strong likelihood that the detainee would
commit suicide when he did. Holland v. City of Atmore, 168 F. Supp. 2d
1303 (S.D. Ala. 2001). [N/R]
Prisoner's estate had a possible claim against
prison psychologist for failing to take action to prevent prisoner's suicide
when psychologist himself had previously decided that the prisoner was
suicidal "enough" to be placed under close observation. Prisoner's
own assertion that he was "not suicidal" when released from suicide
watch after a day was insufficient to change the result. Comstock v. McCrary,
#99-2448, 273 F.3d 693 (6th Cir. 2001). [2002 JB Apr]
Prison medical personnel could not be held
liable for failure to prevent a mentally ill prisoner's suicide, but federal
appeals court finds that a claim was adequately stated against correctional
officers to whom the prisoner purportedly made statements about killing
himself and who allegedly did not look inside his cell for five hours on
the night he did so, despite his cell window being covered by toilet paper.
Sanville v. McCaughtry, #00-2933, 266 F.3d 724 (7th Cir. 2001). [2002 JB Apr]
Kentucky county was entitled to sovereign
immunity against claims for negligent operation of jail arising from prisoner's
suicide in which he hung himself with a belt from the showerhead in his
cell. State Board of Claims accordingly had no jurisdiction over claims
brought by prisoner's estate against jailer and deputy jailers. Commonwealth
v. Harris, No. 2000-SC-0409-TG, 59 S.W.2d 896 (Ky. 2001). [N/R]
Texas county juvenile detention facility
reaches $100,000 settlement in lawsuit brought by family of 15-year-old
who hung himself in his cell with a sheet. Creel v. Denton County, Denton
Co., Texas, Cir. Ct., October 5, 2001, reported in The National Law Journal,
p. B5 (Jan. 7, 2002). [N/R]
County sheriff's statement to the media that
a jailor was watching a tv monitor and saw a pretrial detainee put a sheet
around his neck was not admissible evidence in a lawsuit over the detainee's
suicide. The statement did not come under a public records and reports
exception to the hearsay rule, since it was not the result of the jail's
investigation.. Ellis v. Jamerson, 174 F. Supp. 2d 747 (E.D. Tenn. 2001).
[N/R]
Police dispatcher/jailer on duty when arrestee
committed suicide was not liable, in the absence of subjective knowledge
that there was a strong likelihood that arrestee would make the attempt
at that time. Arrestee's prior alleged history of suicide attempts, drug
abuse and mental problems did not, by themselves, show such knowledge when
she did not exhibit suicidal threats or actions on the day of her most
recent incarceration. Bowens v. City of Atmore, 171 F. Supp. 2d 1244 (S.D.
Ala. 2001). [N/R]
Sheriff was entitled to summary judgment in federal
civil rights lawsuit brought by prisoner's mother after he committed suicide
in jail. Naumoff v. Old, #99-2574, 167 F. Supp. 2d 1250 (D. Kan. 2001).
[N/R]
Estate of 17-year-old male pretrial detainee who
committed suicide in N.Y. county jail did not show that jail officials
were "subjectively aware" that he posed a suicide risk, so no
federal civil rights claim could be pursued for failure to prevent the
death. Plaintiff could, however, pursue state law wrongful death/negligence
claim. Rivera v. County of Westchester, 729 N.Y.S.2d 836 (Sup. 2001). [2002
JB Jan]
County jail had no duty to obtain medical records
of detainee from county hospital which would have revealed that he was
a suicide risk and had previously attempted to kill himself. In the absence
of an awareness of this risk, officer's failure to conduct required half-hour
cell checks did not constitute deliberate indifference to the risk of the
detainee committing suicide, but a state law negligence claim based on
this can be pursued. Hott v. Hennepin County, #00-3595, 260 F.3d 901 (8th
Cir. 2001). [2002 JB Jan]
Jail officials were not deliberately indifferent
to the risk of prisoner suicide simply because they failed to remove a
coat hook from jail cells after a prior suicide at the jail took place
by a prisoner hanging himself from a protruding light fixture. Pretrial
detainee could not recover damages for brain injuries he received during
his suicide attempt. Hofer v. City of Auburn, Alabama, 155 F. Supp. 2d
1308 (M.D. Ala. 2001). [N/R]
299:173 Supreme Court of Alaska rejects trial court
jury instructions that state could not be held liable for prisoner's death
if it was caused by his intentional suicide. Joseph v. State, No. S-8518,
26 P.3d 459 (Alaska 2001).
298:158 Nebraska state statute mandating
parental notification of juvenile detention did not impose liability on
county and sheriff's deputies, based on failure to do so, for juvenile's
subsequent suicide after his release from custody. Claypool v. Hibberd,
#S-99-1223, 626 N.W.2d 539 (Neb. 2001).
298:155 Trial judge's award of $1.8 million
in damages for suicide of pre-trial detainee in federal jail overturned;
suicide after six months of incarceration was not foreseeable when prisoner
had no known prior history of suicide attempts or thoughts; award of $1.6
million for pain and suffering while hanging to death was excessive when
no reasoning for the award was offered by the court. Jutzi- Johnson v.
United States, #00-2411, 263 F.3d 753 (7th Cir. 2001).
294:90 Constant video surveillance of suicidal
prisoner's cell was not "deliberate indifference" to the risk
of him taking his life; correctional officials not liable for prisoner
hanging himself with his shoelaces; no liability, under Virginia state
law, for suicide in the absence of a showing that prisoner was of "unsound
mind" when he took his own life. Brown v. Harris, No. 00-1127, 240
F.3d 383 (4th Cir. 2001).
295:108 Michigan city reaches $31,500 settlement
with three detainees jailed completely naked for a number of hours as a
suicide prevention measure; prior court ruling found that removal of their
underwear and possible viewing of their bodies by female officers was not
adequately justified by suicide prevention concerns, and could violate
privacy and due process rights. Wilson v. City of Kalamazoo,127 F. Supp.
2d 855 (W.D. Mich. 2000).
294:91 Having male pretrial detainees strip
to their underwear as a suicide prevention measure if they refused to answer
intake questions about suicidal tendencies was reasonable and did not violate
their due process or privacy rights, even if done in the presence of female
correctional officers. Johnson v. City of Kalamazoo, 124 F. Supp. 2d 1099
(W.D. Mich. 2000).
290:24 Sheriff and chief deputy were not
entitled to qualified immunity in lawsuit over prisoner's successful suicide
when they knew of her prior suicide attempt and of another prisoner's successful
suicide in the same cell, which had a "blind spot" not viewable
from a control room and several places from which a prisoner could tie
a sheet to hang herself. Jacobs v. West Feliciana Sheriff's Dept., No.
99-30185, 228 F.3d 388 (5th Cir. 2000).
290:23 County policies were adequate to bar
liability for prisoner's successful suicide; appeals court points to training
program and American Correctional Association accreditation of jail. Yellow
Horse v. Pennington County, Nos. 99-2419, 99-2420, 225 F.3d 923 (8th Cir.
2000).
289:10 "Low-level" county jail
employees were not liable for prisoner's suicide after he was taken off
of suicide watch, since they relied on statements by a nurse and a social
worker that the prisoner no longer seemed suicidal; court orders further
proceedings, however, on whether county policy, which did not require consulting
with a mental health professional before ending suicide watch, was inadequate.
Cills, Estate of, v. Kaftan, 105 F. Supp. 2d 391 (D.N.J. 2000).
281:73 Federal government liable for $1.8
million for suicide of pre-trial detainee, based on repeated failure to
respond to signs that he might be suicidal; trial judge finds that policies
and training programs were in place to help officers identify and aid suicidal
prisoners, but these policies were not followed. Jutzi-Johnson v. U.S.,
No. 96-C-5708, U.S. Dist. Ct., N.D. Ill. March 29, 2000, reported in The
Chicago Daily Law Bulletin, p. 1 (March 30, 2000).
281:74 Jail employees and officials were
not liable for mentally ill detainee's death from asphyxiation which was
either suicide or an accidental death caused by his illness; while jail
personnel may have been negligent in how they treated this detainee, their
conduct did not rise to the level of "deliberate indifference"
required for federal civil rights liability. Thornton v. City of Montgomery,
78 F. Supp. 2d 1218 (M.D. Ala. 1999).
282:91 Alleged failure to train jail personnel
in suicide prevention was not the proximate cause of prisoner's death when
nothing gave jail personnel notice that he might be suicidal; decedent's
own mother, a trained psychologist, believed that he was not suicidal;
factual dispute over whether one jailor saw the noose being tied but failed
to act immediately justified denial of summary judgment on the claims against
him. Ellis v. Washington County, No. 98- 6178, 198 F.3d 225 (6th Cir. 1999).
283:107 Incident during an arrest three years
before, during which detainee tried to swallow a crack pipe and crack cocaine,
was insufficient to put jailers on notice that he had present suicidal
tendencies; defendant jail officials were entitled to qualified immunity
on lawsuit over failure to prevent detainee's suicide. Lambert v. City
of Dumas, No. 99-1081, 187 F.3d 931 (8th Cir. 1999).
279:41 Prison psychiatrists were not liable
for prisoner's suicide by overdosing on prescribed medication he hoarded,
despite their purported knowledge of his suicidal thoughts and medicine
hoarding at another facility; psychiatrists did not know that "pill
line" procedures were insufficient to prevent such hoarding. Williams
v. Mehra, No. 97-1118, 186 F.3d 685 (6th Cir. 1999).
266:25 Jailer, county and sheriff were not
liable for prisoner's successful suicide in his cell; jailer correctly
classified prisoner as suicide risk and took several steps to attempt to
prevent suicide, and county and sheriff had policies in place designed
to try to prevent inmate suicide. Liebe v. Norton, #98-1163, 157 F.3d 574
(8th Cir. 1998).
273:140 Prison classification specialist
and segregation unit supervisor without specific knowledge of prisoner's
prior alleged suicide attempt were not liable for failure to prevent his
successful suicide; prison clinical psychologist who failed to place prisoner
on suicide watch, but instead referred him to psychiatrist for further
evaluation did not act with deliberate indifference to serious medical
needs. Greffey v. State of Ala. Dept. of Corrections, 996 F.Supp. 1368
(S.D. Ala. 1998).
274:154 Co. and county psychiatrist were
not liable for detainee's successful suicide after his release from custody;
placing detainee on suicide watch and taking steps to encourage him to
agree to take his medication for paranoid schizophrenia did not constitute
deliberate indifference. Collignon v. Milwaukee Co., #98-1711, 163 F.3d
982 (7th Cir. 1998).
260:124 Update: Officers were entitled to
qualified immunity in prisoner suicide case where they removed shoes with
laces, made sure detainee did not have a belt, and also took steps to ensure
that detainee could not harm herself with blanket and instructed that a
close watch be placed on her; detainee's right to be free from deliberate
indifference to suicide risk was "clearly established," but officers
acted objectively reasonably. Hare v. City of Corinth, 135 F.3d 320 (5th
Cir. 1998).
[N/R] Illinois Tort Immunity Act did not
protect sheriff against allegation that he had knowledge that conditions
in city jail created a substantial risk of harm to an arrestee, but still
ordered deputy to place arrestee, who subsequently committed suicide, in
city jail. Payne v. Churchich, No. 97-3344, 161 F.3d 1030 (7th Cir. 1998).
255:42 Officers were not "deliberately
indifferent" to risk of suicide by detainee experiencing heroin withdrawal;
no signs of suicidal tendencies prior to detainee's suicide. Richardson
v. Dailey, 675 N.E.2d 787 (Mass. 1997).
258:89 City was not liable for death of intoxicated
arrestee who hung himself in his cell with his jeans; officers acted within
the scope of their employment, and performed a discretionary act in good
faith in failing to determine that the arrestee was a suicide risk; arrestee's
threat to kill himself was only heard by his cellmate and not by officers,
who were not in the cell area. Galveston, City of, v. Burns, 949 S.W.2d
881 (Tex. App. 1997).
[N/R] Private doctors and mental health providers
were not entitled to qualified immunity from lawsuit based on prisoner's
suicide; they were acting as private parties motivated by desire for profit,
rather than as governmental agents. McDuffie v. Hopper, 982 F.Supp. 817
(M.D. Ala. 1997).
241:10 Correct legal standard for liability
on prisoner suicide was not whether jail officers "knew or should
have known" of prisoner's suicide risk, but rather whether they had
"actual knowledge of the substantial risk" and responded with
"deliberate indifference." Hare v. City of Corinth, 74 F.3d 633
(5th Cir. 1996).
243:41 Prisoner diagnosed as potential suicide
risk by medical personnel and prescribed psychotropic drugs stated a claim
for deliberate indifference to serious medical needs by asserting that
psychiatrist at facility he was transferred to discontinued his medication
without evaluating him or reviewing medical records. Steel v. Shah, 87
F.3d 1266 (11th Cir. 1996).
245:75 Doctor's classification of pretrial
detainee as "potentially suicidal," rather than "high risk"
for suicide was exercise of professional medical judgment and doctor was
not liable for detainee's subsequent successful suicide, since no deliberate
indifference was shown. Cole, Estate of, by Pardue v. Fromm, 94 F.3d 254
(7th Cir. 1996).
[N/R] Suicide of prisoner after suicide watch
was called off might be the result of deliberate indifference, based on
knowledge of prior suicidal behavior. Robey v. Chester Co., 946 F.Supp.
333 (E.D. Pa. 1996).
[N/R] Law enforcement defendants were entitled
to qualified immunity in lawsuit over suicide of prisoner in city jail;
no deliberate indifference was shown. Gay v. City of Daleville, 953 F.Supp.
1315 (M.D. Ala. 1996).
234:90 Prisoner's death from swallowing bar
of soap was not foreseeable; federal trial court abused its discretion
by overturning jury verdict for correctional defendants in civil rights/wrongful
death lawsuit. Hardin v. Hayes, 52 F.3d 934 (11th Cir. 1995).
219:42 Jail employees were not entitled to
qualified immunity in suit brought by family of detainee who killed herself
in jail cell after making suicide threats to interviewing officer; detainee
was placed in isolated cell and blanket with which she hung herself was
left in cell. Hare v. City of Corinth, Ms., 36 F.3d 412 (5th Cir. 1994).
219:43 Juvenile prisoner who suffered permanent
brain damage after hanging himself with a sheet awarded $600,000 in damages
against county based on state-law negligence in failure to prevent suicide
attempt; failure to take steps to prevent such attempts because of shortage
of funds was no defense. Myers v. Co. of Lake, Ind., 30 F.3d 847 (7th Cir.
1994).
220:57 Mere fact that arrestee was intoxicated
did not give detention center notice that there was a specific risk she
would commit suicide; no "deliberate indifference" to serious
medical needs was shown. Hocker, Estate of, v. Walsh, 22 F.3d 995 (10th
Cir. 1994).
221:73 Alleged violation of federal statute
in placing juvenile detainee in adult jail was not proximate cause of his
suicide attempt; federal appeals court rejects argument that juvenile detainees,
as a class, are specially susceptible to suicidal tendencies and therefore
should be specially screened. Horn v. Madison Co. Fiscal Court, 22 F.3d
653 (6th Cir. 1994).
224:122 Individual jailers were not liable
for pre-trial detainee's suicide in his cell when they did not know that
he had suicidal tendencies; federal appeals court allows claim against
city for alleged inadequate training of jailers to go forward, however.
Irwin v. City of Hemet, 27 Cal.Rptr.2d 433 (Cal.App. 1994).
225:138 Co. was not liable for suicide of
two prisoners in county jail when jail medical personnel did conduct some
screening of prisoners, thus showing no "deliberate indifference"
on part of county towards possible prisoner suicide. Tittle v. Jefferson
Co. Com'n, 10 F.3d 1535 (11th Cir. en banc 1994).
225:138 Deputy sheriff's alleged statements
to prisoner that his fiancee was having "sexual intercourse"
with three men, which prisoner claimed drove him to suicide attempt, were
insufficient to state claim for violation of constitutional rights. Parsons
v. Bd. Cty. Com'rs Marshall Cty., Kan., 873 F.Supp. 542 (D. Kan. 1994).
226:155 Co. and state not entitled to prosecutorial
immunity in wrongful death lawsuit brought by deceased prisoner's estate
against county prosecutor for alleged failure to notify jail that medical
report he received indicated that prisoner had suicidal tendencies. Smith
v. Butte-Silver Bow Co., 878 P.2d 870 (Mont. 1994).
[N/R] Father, who was administrator of deceased
son's estate, had standing, either as parent or as administrator, to sue
correctional officials for damages for son's suicide while in custody.
Frey v. City of Herculaneum, Mo., 37 F.3d 1290 (8th Cir. 1994).
Jury awards $500,000 to estate and surviving
relatives of jail inmate who committed suicide while in custody; trial
judge reduces $450,000 wrongful death portion of award to $100,000 because
of a Massachusetts statutory limit on awards against governmental entities
for wrongful death. Natriello v. Flynn, 837 F.Supp. 17 (D. Mass. 1993).
Co. was not liable for suicide of young detainee
with brain damage and frequent past history of arrests; plaintiff failed
to show that county policies led to detainee's suicide. Hood v. Itawamba
Co., Mississippi, 819 F.Supp. 556 (N.D. Miss. 1993).
City liable for $237,204 for officers' failure
to constantly monitor suicidal prisoner. Estate of Bragado v. City of Zion,
U.S. Dist. Ct., N.D. Ill., reported in Chicago Daily Law Bulletin, p. 15
(Dec. 10, 1993).
City and officers were not liable for violation
of civil rights for failing to prevent female detainee arrested for public
intoxication from hanging herself in her cell with a garden hose used to
wash down jail floors; detainee had not exhibited any suicidal tendencies;
defendants might be liable, however, under state law for negligence. Evans
v. City of Marlin, Tex., 986 F.2d 104 (5th Cir. 1993).
Texas appeals court orders new trial in jail
suicide case; trial judge improperly excluded evidence of negligent training
of jailers and negligent screening of prisoners for suicidal tendencies.
Alvarado v. City of Brownsville, 865 S.W.2d 148 (Tex. App. 1993).
Deputies at county jail could be sued for
failure to follow procedure requiring them to check frequently on suicidal
prisoner, but city officers were not liable for making decision to transfer
prisoner to county jail after he attempted suicide in city holding cell.
Camps v. City of Warner Robins, 823 F.Supp. 724 (M.D. Ga. 1993).
$450,000 settlement in suit by estate of
detainee who hung himself to death with long sock after officers prevented
his attempt to hang himself with his shirt and left him alone in cell to
call ambulance. Langton v. Town of Southington, U.S. Dist. Ct. D. Conn.,
Nos. 241CV00366 (PCD), 291CV00867 (PCD), Sept. 20, 1993, 37 ATLA L. Rep.
217 (Aug. 1994).
Family of suicidal intoxicated man who killed
himself in county jail receives $325,000 settlement from county in wrongful
death/civil rights lawsuit. Los Ang. Daily Jour. Verdicts & Settlements,
p. 3 (March 25, 1994).
Co. and prison officials not liable for suicide
of domestic violence pre-trial detainee with alcohol problems ten minutes
after a mental health evaluation failed to find any suicidal tendencies.
Herman v. Clearfield Co., Pa., 836 F.Supp. 1178 (W.D. Pa., 1993).
Juvenile detention center was not liable
for suicide of thirteen-year-old who hung himself in his room using a bed
sheet and a shoelace; no indication of suicidal intent was communicated
to the center's personnel. Scott v. State, 618 So.2d 1053 (La. App. 1993).
Florida appeals court holds that question
of whether a detainee's suicide attempt was foreseeable should have been
decided at trial; suit by detainee who suffered brain damage after suicide
attempt reinstated. Schmelz v. Sheriff of Monroe Co., 624 So.2d 298 (Fla.
App. 1993).
No liability for jail employees for failing
to prevent death of trustee prisoner who died from hanging during "auto-erotic
asphyxiation"; officer who discovered hanging body was not deliberately
indifferent in failing to attempt artificial resuscitation when he determined
that prisoner was already dead. Reed v. Woodruff Co., Ark., 7 F.3d 808
(8th Cir. 1993).
Jury awards $500,000 to estate of jail prisoner
who hung himself in his cell while under "suicide watch"; jail
assigned other prisoner to watch prisoner under "suicide watch",
and allegedly only offered eight hour training course for correctional
officers. Natriello v. Flynn, U.S. Dist. Ct., D. Mass., No. 91-40158XX-NG,
June 11, 1993, reported in 36 ATLA L. Rep. 368 (Dec. 1993).
Co. was not liable for jail detainee's suicide;
detainee's shoelaces had previously been taken away, and it was an individual
correctional officer's one-time decision to return the laces to him which
allowed him to hang himself with them in his cell. Russell v. Knox Co.,
826 F.Supp. 20 (D. Me. 1993).
Officer was not liable for detainee's death
from hanging himself with suspenders officer failed to remove; order requiring
removal of personal property was for the purpose of protecting all those
in custody and did not impose a duty to the individual prisoner. Cooper
v. Planthold, 857 S.W.2d 477 (Mo. App. E.D. 1993).
New Hampshire Supreme Court holds that detainee
who unsuccessfully attempted suicide in jail can sue city for damages based
on allegation that jailers knew of his prior suicide attempts while in
custody, yet failed to take reasonable steps to prevent another attempt.
Murdock v City of Keene, 623 A.2d 755 (N.H. 1993).
State Commission on Jail Standards was not
liable for suicide of inmate at county jail it had previously cited for
violation of its standards for adequate care for suicidal prisoners. Valles
v. Texas Commission on Jail Standards, 845 S.W.2d 284 (Tex. App. 1992).
Mother of pretrial detainee who committed
suicide could sue county for her own injuries allegedly resulting from
deprivation of the detainee's constitutional rights, but evidence did not
support a claim that the county had a policy of inadequate training of
jail staff on the care of suicidal prisoners. Rhyne v. Henderson Co., 973
F.2d 386 (5th Cir. 1992).
Texas state law does not prohibit a wrongful
death lawsuit against a county for a jail inmate's suicide while in custody.
Mutrux v. Cameron Co., Texas, 809 F.Supp. 510 (S.D. Tex. 1992).
State was not liable for drug overdose suicide
of female inmate who prison staff knew was depressed and suicidal, in absence
of any evidence of how she obtained the drugs or expert testimony showing
that prison staff's measures were not reasonable. Cockrum v. State, 843
S.W.2d 433 (Tenn. App. 1992).
City was not liable for successful suicide
of DUI arrestee in the absence of any indication that he had a strong likelihood
of taking his own life. Perkowski v. City of Detroit, 794 F.Supp. 223 (E.D.
Mich. 1992).
Officer who left station, leaving detainee
alone in the cell in which he then hung himself, was not "deliberately
indifferent" to risk of suicide when detainee exhibited no signs of
suicidal tendencies; city and police chief not liable for failure to offer
formal training on suicide prevention when standard procedures required
frequent observation of detainees and training would not have aided officer
in classifying this detainee as suicide risk. Bowen v. City of Manchester,
966 F.2d 13 (1st Cir. 1992).
Co. was not liable for suicides of two jail
inmates on the basis of alleged inadequate training of jail personnel,
but might be liable on the basis of alleged "defective condition"
of jail cells - an iron bar across each cell's window from which many suicide
attempts were made. Tittle v. Jefferson Co. Commission, 966 F.2d 606 (11th
Cir. 1992).
Officers were not entitled to qualified immunity
in suit over detainee's suicide attempt; detainee's prior arrests and suicide
threats raised a factual issue as to whether they actually knew of his
suicidal condition and failed to take preventive action. Hall v. Ryan,
957 F.2d 402 (7th Cir. 1992).
Failure to prevent suicide attempt by prisoner
on "suicide watch" who tried to hang himself five minutes after
officer checked on him was, at most, negligence, and insufficient to establish
a federal civil rights claim. Schmelz v. Monroe Co., 954 F.2d 1540 (11th
Cir. 1992).
Neither city or individual jail officials
were liable for failing to determine that DUI arrestee was a suicide risk
or to prevent his suicide. Barber v. City of Salem, Ohio, 953 F.2d 232
(6th Cir. 1992).
Indiana state statute did not provide immunity
from negligence claims arising from suicides of two pre-trial detainees.
Tittle v. Mahan, 583 N.E.2d 796 (Ind. 1991).
New York court overturns $77,000 negligence
award to family of 17-year-old detainee who hanged himself with his T-shirt
only eleven minutes after being placed in a holding cell; detainee's conduct
did not show suicidal tendencies. Moore v. City of Troy, 577 N.Y.S.2d 969
(A.D. 1992).
Court correctly refused to give jury instructions
that would have based civil rights liability for jail suicide on negligent
failure to detect suicidal intent or to prevent suicide. York v. City of
Detroit, 438 Mich. 744, 475 N.W.2d 346 (1991). Co. and jail officials were
not liable for detainee's jail suicide despite his earlier suicide attempt
when incarcerated there three years before. Hinkfuss v. Shawano Co., 772
F.Supp. 1104 (E.D. Wis. 1991).
City and officers liable for $1.104 million
for failure to prevent suicide of intoxicated detainee; city policy of
inadequate training on suicide prevention established basis for municipal
liability. Simmons v. City of Philadelphia, 947 F.2d 1042 (3rd Cir. 1991).
Co., sheriff and correctional officer were
not liable for failing to prevent suicide of prisoner taken off of "suicide
watch" after he told social worker he was "no longer" contemplating
killing himself. Leshore v. Co. of Worcester, 945 F.2d 471 (1st Cir. 1991).
Failure to charge air vents, from which a
prisoner had hung himself three years earlier, did not make jail officials
liable for another prisoner's suicide when he hung himself from the same
vents; further hearings ordered on whether delay in arraignment helped
cause the death. Wayland v. City of Springdale, Ark., 933 F.2d 668 (8th
Cir. 1991).
Officer's failure to turn on television camera
to view holdover cell was not "deliberate indifference"; officers
were not liable for failing to prevent prisoner's suicide. Christian v.
Stanczak, 769 F.Supp. 317 (E.D. Mo. 1991).
Correctional officer may have been deliberately
indifferent to mentally disturbed detainee's suicide, if she had specific
knowledge of his suicide threats and of his behavior of headbanging. Elliott
v. Cheshire Co., N.H., 940 F.2d 7 (1st Cir. 1991).
City was not liable for suicide of prisoner
when jail authorities had no reason to anticipate that prisoner would attempt
to kill himself. Popham v. City of Talladega, 582 So.2d 541 (Ala. 1991).
Prison officials were not entitled to qualified
immunity for failing to prevent inmate's suicide after his anti-depression
medication was abruptly discontinued. Greason v. Kemp, 891 F.2d 829 (11th
Cir. 1990).
Two officers liable to family of detainee
who hanged himself in jail after being taken into custody to prevent him
killing himself; county and police chief were not liable for failure to
train officers in suicide prevention. Buffington v. Baltimore Co., Md.,
913 F.2d 113 (4th Cir. 1990, cert. denied, 111 S.Ct. 1106 (1991).
State has the right and duty to force feed
prisoner who wanted to starve himself to death. Dept. of Public Welfare
v. Kallinger, 580 A.2d 887 (Pa. Cmwlth. 1990).
City was not liable for suicide of detainee;
even if hourly inspections required by jail manual had been conducted,
suicide in detainee's first hour of incarceration would not have been prevented;
city not required to provide training for psychological screening of detainees
for suicidal tendencies. Burns v. City of Galveston, Texas, 905 F.2d 100
(5th Cir. 1990).
Failure to train jail personnel to screen
detainees for suicidal tendencies rejected as basis for liability for detainee's
suicide; standard procedures followed by jail personnel prior to suicide
showed lack of deliberate indifference. Popham v. City of Talladega, 908
F.2d 1561 (11th Cir. 1990).
Officers were not liable for failure to remove
intoxicated detainee's belt and shoelaces; entitled to qualified immunity
for detainee's suicide. Belcher v. Oliver, 898 F.2d 32 (4th Cir. 1990).
Jury awards $175,000 to estate of intoxicated
detainee, former mental patient, who hung himself in his cell with his
underpants. Safian v. Village of Palatine, No. 84L 10056, Cook Co. Circuit
Court, Chicago, Illinois, reported in Chicago Daily Law Bulletin, p. 3,
July 31, 1990.
Sheriff and officers not liable for attempted
suicide of intoxicated detainee after they violated jail policy by failing
to remove his boot laces. Hamlin v. Kennebec Co. Sheriff's Dept., 728 F.Supp.
804 (D. Maine 1990).
City liable for failure to train officer
in suicide prevention for detainees; officer also liable for negligence
in suicide of intoxicated detainee. Simmons v. City of Philadelphia, 728
F.Supp. 352 (E.D. Pa. 1990).
Jail warden liable for punitive damages for
ordering solitary confinement without precautions for suicidal prisoner.
Lewis v. Parish of Terrebonne, 894 F.2d 142 (5th Cir. 1990).
Officers, city, not liable for suicide of
pre-trial detainee, despite records of prior attempts and officers' failure
to remove belt. Williams v. Borough of West Chester, Pa., 891 F.2d 458
(3rd Cir. 1989).
Jury awards $1 million to family of detainee
who committed suicide in holding cell after arrest for public intoxication.
Simmons, Estate of v. City of Philadelphia, No. 87-3258, U.S. District
Court, Philadelphia, Pa., reported in Personal Injury Verdict Reviews,
No. 26, P. 4 (Feb. 12, 1990).
Sheriff and jailor were entitled to qualified
immunity on suit concerning prisoner's suicide, even though medical history
sheet showed earlier suicide attempt. Rellergert v. Cape Girardieu Co.,
Mo., 724 F.Supp. 662 (E.D. Mo. 1989).
Municipality was not liable for detainee's
suicide in jail cell on allegation of inadequate training of officers.
Dorman v. District of Columbia, 888 F.2d 159 (D.C. Cir. 1989).
Police Chief was not liable for suicide of
intoxicated prisoner in jail cell; no duty to install surveillance system.
Capodagli v. Wilson, 536 N.E.2d 135 (Ill. App. 1989).
Man who tried to hang himself in jail receives
$100,000 settlement on claim that officers should have taken away his belt.
Driscoll v. City of Irvine, reported in Orange Co. Register, Santa Ana,
Calif., July 7, 1989.
Supplying a safety razor to pretrial detainee
who committed suicide did not show deliberate indifference; no liability
for prisoner who hung himself. Boyd v. Harper, 702 F.Supp. 578 (E.D. Va.
1988).
Prison officials not liable for suicide by
juvenile inmate who had made no prior threats. Edwards v. Gilbert, 867
F.2d 1271 (11th Cir. 1989).
Failure of jail officials to recognize scars
on inmate as "suicide hesitation cuts" amounted only to negligence
which could not make them liable for his suicide death. Freedman v. City
of Allentown, Pa., 853 F.2d 111 (3d Cir. 1988).
Family of man who hung himself in jail to
receive $196,700; was not placed in observation cell despite fashioning
rope from shirt earlier. Albery v. City of Euclid, Cuyahoga Co. Common
Pleas, reported in Cleveland Ohio Plain Dealer, November 30, 1988.
Mother of prisoner who starved himself to
death could not recover damages from sheriff and director of corrections
absent allegations of policy or personal involvement. Geter v. Wille, 846
F.2d 1352 (11th Cir. 1988).
Reckless indifference to a pretrial detainee's
risk of suicide can support federal civil rights claim. Colburn v. Upper
Darby Tp., 838 F.2d 663 (3d Cir. 1988).
City not liable for injuries detainee suffered
when he plunged headfirst into toilet bowl. Gordon v. City of New York,
517 N.E.2d 1331 (N.Y. 1987).
Prison not liable when inmate hung himself;
inmate's shirt was not "machinery" for purposes of tort claims
act. Silva v. State, 745 P.2d 1160 (N.M. Ap. 1986).
Allegation that prisoner was placed in separate
cell without supervision after repeated suicide threats stated claim for
"indifference" to medical needs. Seiler v. City of Bethany, 746
P.2d 699 (Okla. App. 1987).
Allegation that officers knew of detainee's
suicidal tendencies but failed to take precautions stated civil rights
claim; supervisors could be held liable for failure to provide training
or establish procedures for suicide prevention. Danese v. Asman, 670 F.Supp.
709 (E.D. Mich. 1987).
Officer's failure to remove belt of prisoner
who used it to hang himself while violation of policy, was not constitutional
violation. Gagne v. City of Galveston, 671 F.Supp. 1130 (S.D. Tex. 1987).
City could be liable for suicide of intoxicated
pretrial detainee. Beddingfield v. City of Pulaski, Tennessee, 666 F.Supp.
1064 (M.D. Tenn. 1987).
Placing intoxicated arrestee in regular cell
not a constitutional violation; no liability under federal law for suicide.
Smith v. City of Westland, 404 N.W.2d 214 (Mich. App. 1986).
Failure to follow department rule in ministerial
task does not preclude immunity. Gagne v. City of Galveston, 805 F.2d 558
(5th Cir. 1986).
Individuals liable for breaking rules and
ignoring cries of suicide attempt. Miga v. City of Holyoke, 497 N.E.2d
1 (Mass. 1986).
Jail accused of not meeting standards. Tsosie
v. San Juan Co., Deseret News, Salt Lake City, Utah 5/15/86. Allegations
that understaffing and underfunding resulted in suicide states a civil
rights claim. Strandell v. Jackson Co., Ill., 634 F.Supp. 824 (S.D. Ill.
1986).
Fifth Circuit reverses and allows claim based
on allegations that a policy was responsible for suicide. Partridge v.
Two Unknown Police Officers of Houston, 791 F.2d 1182 (5th Cir. 1986).
Court reverses $1 million judgment and finds
no liability for not restraining loud arrestee. Gordon v. City of New York,
502 N.Y.S.2d 215 (A.D. 2 Dept. 1986).
One year statute of limitations for suicide
by hanging. Maurice v. Stoddard, 496 N.Y.S.2d (A.D. 3 Dept. 1985).
On the third time hearing this case, court
rules police chief not entitled to individual immunity from liability for
jail hanging. Young v. City of Ann Arbor, 382 N.W.2d 785 (Mich. App. 1985).
Jail hanging results in $2.4 million award.
Crime Control Digest, Vol. 20 No. 29, July 21, 1986; and the Detention
Reporter, Number 33 July 1986.
Parents suit over son's suicide within 30
minutes of confinement to continue. Strandberg v. City of Helena, 791 F.2d
744 (9th Cir. 1986).
Judgment for $75,000 against state reversed.
Hampton v. State of Michigan, 377 N.W.2d 920 (Mich. App. 1985).
Shackling inmate thought to be suicidal may
have been improper. Wells v. Franzen, 777 F.2d 1258 (7th Cir. 1985).
Intoxicated man hung himself inside cell.
Holland v. Breen, 623 F.Supp. 284 (D.C. Mass. 1985).
CPR training qualifies one as expert on rescue
attempts; no professional license required. Hake v. Manchester, Tp., 486
A.2d 836 (N.J. 1985).
Officials accused of not checking past jail
records indicating suicidal tendencies. Partidge v. Two Unknown Police
Officers, 751 F.2d 1448 (5th Cir. 1985).
Jailers hearing suicide threats not grounds
for liability. Estate of Cartwright v. City of Concord, Cal., 618 F.Supp.
722 (D.C. Cal. 1985).
Jury to decide deputies' negligence in jail
suicide following family's warnings. Hemly v. Bebber, 335 S.E.2d 182 (N.C.
App. 1985).
Real cause of suicide is that detainee no
longer wished to live, not any negligence on the part of officials; unusual
dress not reason to suspect suicide. Horne v. Beason, 331 S.E.2d 342 (S.C.
1985).
Failure to admit medical review commission's
report grounds for new trial; arrestee hung himself with socks. Dozlowski
v. City of Amsterdam, 488 N.Y.S.2d 862 (A.D. 3 Dept. 1985).
Acts or omissions could hold city liable
for suicide; officers accused of beating mentally ill arrestee. Madden
v. City of Meriden, 602 F.Supp. 1160 (D. Conn. 1985).
Intoxicated arrestee's suicide blamed on
inadequate jail design and supervision. Lightbody v. Town of Hampton, 618
F.Supp. 6 (D.C. N.H. 1984).
Detroit settles for $275,000 for suicide
of arrestee who was initially stopped for no apparent reason. Martin v.
City of Detroit, Detroit Free Press, 1/22/85.
Refusal to listen to boys screams could result
in liability for his suicide. Brewer v. Perrin, 349 N.W.2d 198 (Mich. App.
1984).
Officials could be liable for inmate suicide
with shoestring. Guglielmoni v. Alexander, 583 F.Supp. 512 (E.D. Pa. 1984).
Mental inability to bring suit tolls statute
of limitations. Smith by and Through Smith v. City of Reno, 580 F.Supp.
591 (D. Nev. 1984).
Failure to take extra precautions for intoxicated
prisoner could result in liability for suicide. Kanayurak v. Northslope
Borough, 677 P.2d 893 (Alaska 1984).
Use of dog during arrest may constitute excessive
force resulting in officers and city being liable; city and county may
be liable for arrestee's suicide attempt resulting from poor county jail
conditions. Soto v. City of Sacramento, 567 F.Supp. 662 (E.D. Cal. 1983).
No liability for officer's failure to handcuff
arrestee who shot himself when helping them search house for stolen items.
Langford v. City of Leesville, 442 So.2d 1375 (La. App. 1983).
No liability for jail suicide; no right for
inmate to make telephone call to lawyer. State Bank of St. Charles v. Camic,
712 F.2d 1140 (7th Cir. 1983). No liability to police chief for arrestee's
suicide. Young v. City of Ann Arbor, 336 N.W.2d 24 (Mich. App. 1983).
No liability for jail suicide committed with
belt. Dezort v. Village of Hinsdale, 441 N.E.2d 367 (Ill. App. 1982).
Recovery under Section 1983 on theory of
negligence denied to parent of suicide victim. Meshkov v. Abington Township,
517 F.Supp. 1280 (E.D. Pa. 1981).
Florida sheriff who violated administrative
rule held liable for inmate's suicide. Robert v. Stokley, 388 So.2d 1267
(Fla. App. 1980).
Florida Appellate Court rules that sheriff's
office was not liable for suicide of an inmate who hung himself with his
belt. Guice v. Enfinger, 389 So.2d 270 (Fla. 1980).
Michigan court dismisses Section 1983 suit
by relatives of prisoner who hung himself while incarcerated in city jail.
Moomey v. City of Holland, 490 F.Supp. 188 (1980).
Inmate's suicide attempt is not contributory
negligence; state corrections manual is inadmissible on issue of county
jail official's duty to inmate. Cole v. Multnomah Co., 592 P.2d 221 (Ore.
App. 1979).
Court orders new trial in civil rights suit
due to possible altering of cell check log after inmate committed suicide.
Swietlowich v. Co. of Buck, 610 F.2d 1157 (3rd Cir. 1979).
Court orders retrial in action brought for
attempted suicide of youth at correctional facility; state not liable in
money damages for constitutional violations. Figueroa v. State, 604 P.2d
1198 (Hawaii, 1978).
Jail officials entitled to instruction on
decedent's contributory negligence and on intervening causation in wrongful
death suit. Harrell v. City of Belen, 603 P.2d 722 (N.M. 1979).
Supreme Court holds that a law enforcement
agency cannot avoid liability for a suicide by placing a prisoner in a
county jail, under a contractual arrangement. Logue v. U.S., #72-656, 412
U.S. 521 (1973). [N/R]