Belbachir v. County of McHenry
2013 U.S. App. LEXIS 16665
| 7th Cir. | 2013Background
- Hassiba Belbachir, an Algerian national detained by U.S. immigration authorities, was housed at McHenry County Jail pending a removal/asylum hearing and committed suicide eight days after intake.
- Plaintiff (estate) sued under 42 U.S.C. § 1983 and state tort law; district court granted summary judgment on § 1983 claims for all defendants and relinquished supplemental state claims; plaintiff appealed as to McHenry County, the sheriff, the jail director, and three Centegra medical employees.
- McHenry County jail contracted with federal authorities to house immigration detainees but continued to house nonfederal prisoners; Centegra provided medical services under contract.
- Intake records and mental-health notes showed a marked deterioration; a guard’s intake form was altered from “yes” to “no” on suicidal ideation; Centegra social worker Vicki Frederick’s notes (March 14) documented major depressive disorder and suicidal statements but she did not notify guards or maintain further contact.
- District court dismissed all defendants on § 1983 claims; Seventh Circuit reviewed standards for constitutional liability and found one defendant (Frederick) should proceed to trial while affirming dismissal of the others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Law-of-the-case / waiver by other defendants | Dismissal of some defendants should not preclude review of remaining defendants | Earlier dismissal of other defendants implies same ground applies | Rejected; appellate review allowed despite other dismissals |
| Federalization of county jail (Bivens vs §1983) | County and contractors are state actors, so §1983 applies | Contract with feds might federalize the jail making Bivens applicable | Jail not federalized; §1983 is proper vehicle |
| Whether Centegra employees acted under color of state law | Medical contractors performing jail functions act under color of state law | Centegra attempted to distinguish private status | Centegra employees are state actors for §1983 purposes |
| Proper constitutional standard: Fourth/Fourteenth reasonableness vs deliberate indifference vs Youngberg negligence-like standard | Plaintiff urges reasonableness (Fourth) / greater protection akin to committed persons | Defendants and district court favored deliberate indifference requiring subjective knowledge of a substantial risk | Court declined to pick a single standard for all; noted detainees entitled at least to Eighth-like deliberate indifference protections and that Youngberg may give more protection |
| Liability of Frederick (Centegra social worker) | Frederick knew of obvious suicide risk and failed to act / notify guards; simple measures (suicide watch/hospitalization) were available | Frederick denies knowledge or says absence of specific plan negates culpability | Reversed dismissal as to Frederick; jury could find deliberate indifference |
| Liability of other Centegra staff (nurse who found body; nurse manager Kaplan) | Nurse failed to attempt CPR; manager failed to review notes | Nurse’s CPR would not have helped (already dead); Kaplan was unaware of Frederick’s findings | Dismissals of other Centegra staff affirmed |
| Municipal liability (County/sheriff/jail director) | County lacked written suicide policy, annual training, and communication procedures; policymaker deliberate indifference | Sheriff lacked actual knowledge of the specific failures; deficiencies were at best negligent and no causal link shown | County and jail director dismissal affirmed; no adequate evidence of municipal deliberate indifference or causation |
Key Cases Cited
- Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) (recognizing implied damages action against federal officers for constitutional violations)
- Youngberg v. Romeo, 457 U.S. 307 (1982) (persons involuntarily committed are entitled to safe conditions and reasonable care)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard for prison officials and inference of knowledge from obvious risk)
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) (probable-cause hearing timing for arrestees)
- City of Revere v. Massachusetts General Hospital, 463 U.S. 239 (1983) (due process protection for detainees at least as great as Eighth Amendment protections)
- West v. Atkins, 487 U.S. 42 (1988) (private physician performing state functions acts under color of state law for §1983)
- Estate of Miller v. Tobiasz, 680 F.3d 984 (7th Cir. 2012) (discussing deliberate indifference standard)
- Hunter v. Amin, 583 F.3d 486 (7th Cir. 2009) (permitting §1983 claims by federal detainees against local officials)