Anthony Brown v. Rodney Strain, Jr.
2011 U.S. App. LEXIS 23240
| 5th Cir. | 2011Background
- Around Feb. 18, 2008, Deputy Steinert stopped Brown; cocaine residue found; Brown and two passengers arrested and placed in a patrol car.
- Brown swallowed a bag of cocaine and Soma after being moved to the patrol car; Lane’s pills were found on inspection.
- Steinert reviewed a partially audible recording indicating someone swallowed something; he did not inquire about medical needs at the annex.
- Arriving at the jail sally port (1:43–1:56 a.m.), Brown collapsed; jail nurses treated minimally, and no medical procedures were performed; an ambulance arrived later.
- Brown suffered two heart attacks en route to the hospital and sustained permanent brain damage; plaintiffs sued Sheriff Strain and Deputies Steinert, Boynton, and Wicker for negligence and deliberate indifference under §1983.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interlocutory appealability of Steinert’s qualified-immunity ruling | Steinert's denial is appealable | Only legal questions reviewable; factual inferences not reviewable on interlocutory appeal | Lack of jurisdiction; appeal dismissed |
| Whether the district court erred in denying qualified-immunity-based review for Steinert | Facts show deliberate indifference | Facts disputed; not reviewable on interlocutory appeal | Lack of jurisdiction; appeal dismissed for lack of jurisdiction |
| Reviewability of Strain’s official-capacity claim | Pendent review should proceed to protect meaningful appeal | No appellate order to review; cannot review Monell-type claim | Dismissed for lack of jurisdiction |
Key Cases Cited
- Kinney v. Weaver, 367 F.3d 337 (5th Cir. 2004) (collateral-order review limits on summaries; distinguish legal vs factual review)
- Behrens v. Pelletier, 516 U.S. 299 (U.S. 1996) (standard for reviewing qualified-immunity interlocutory appeal)
- Kovacic v. Villarreal, 628 F.3d 209 (5th Cir. 2010) (review limits on qualified-immunity interlocutory appeals; focus on legal error)
- Mitchell v. Forsyth, 472 U.S. 511 (U.S. 1985) (collateral-order doctrine for qualified-immunity rulings)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (clarifies procedure for qualified-immunity inquiries)