627 F. App'x 400
6th Cir.2015Background
- Alphonso Turner, recently discharged from a psychiatric hospital and diagnosed with schizophrenia/bipolar disorder, told responders he was suicidal and asked to be taken to a hospital; family and EMTs relayed his mental-health history and suicidal statements to responding officers.
- Officers Marks and Graham responded on a “rescue assist”; Marks arrested Turner for disturbing the peace after a short scene; Turner was tased in the patrol car on the way to the jail (those tasing claims are not part of this appeal).
- At booking the officers placed Turner in a detox/cool-down cell without completing medical/mental-health intake, removed neither clothing nor a shoelace (contrary to written policy), and the cell video camera was inoperative.
- Watch commander Frierson, who took the 911 call and knew the camera was broken, checked Turner intermittently, left for a break leaving McCaig in charge, and later found Turner dead by suicide by hanging with his shoelace.
- District court dismissed most claims at summary judgment except two tasing excessive-force claims; the Sixth Circuit reviews the remaining deliberate-indifference and excessive-force claims, reverses in part, affirms in part, and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deliberate indifference to suicide risk (Marks, Graham, Frierson) | Turner’s repeated suicidal statements, family/EMT warnings, mental-health history, and officers’ conduct show they perceived and disregarded a substantial suicide risk | Officers argue lack of corroborating suicidal acts and that subjective knowledge was not shown | Reversed as to Marks, Graham, Frierson: jury could find subjective knowledge and conscious disregard (claims survive summary judgment) |
| Deliberate indifference to alleged inability to breathe (Marks, Graham, McCaig, Frierson) | Shackelford affidavit: Turner begged that he could not breathe for ~1–1.5 hours; Frierson heard banging/yelling and told Turner to lie down but never summoned help | Defendants: contemporaneous interactions showed no objective sign of respiratory distress; officers who interacted earlier didn’t perceive a serious breathing problem | Claims against Marks, Graham, McCaig dismissed; claim against Frierson survives (he monitored, heard prolonged yelling, left on break without adequate follow-up) |
| Excessive force in processing room (McCaig) | Video shows McCaig shove a handcuffed, compliant Turner face-first into a wall; force was gratuitous and not objectively reasonable | Defendants note Turner made threats and spat, but force was used to control him | McCaig’s shove survives summary judgment as potentially excessive; qualified immunity denied for that act |
| Excessive force in hallway / failure to intervene (McCaig, Marks, Graham) | Video shows force during handcuff removal/escort; Marks/Graham failed to intervene | Defendants say Turner tensed, refused commands, and posed a threat—force was reasonable | Dismissed: hallway force was reasonable under circumstances; failure-to-intervene claims fail where no excessive-force violation was established |
Key Cases Cited
- Harlow v. Fitzgerald, 457 U.S. 800 (government officials are shielded by qualified immunity absent violation of clearly established rights)
- Saucier v. Katz, 533 U.S. 194 (two-step qualified immunity inquiry regarding constitutional violation and whether right was clearly established)
- Estelle v. Gamble, 429 U.S. 97 (deliberate indifference to serious medical needs violates the Constitution)
- Farmer v. Brennan, 511 U.S. 825 (subjective knowledge standard for deliberate indifference)
- Comstock v. McCrary, 273 F.3d 693 (subjective prongs: perception of facts, drawing inference, and conscious disregard)
- Estate of Carter v. City of Detroit, 408 F.3d 305 (circumstantial evidence may support inferences of actual knowledge and deliberate indifference)
- Graham v. Connor, 490 U.S. 386 (Fourth Amendment objective-reasonableness standard for excessive force)
- Morrison v. Bd. of Trustees of Green Twp., 583 F.3d 394 (gratuitous force may be excessive even if injuries are slight)
- Goodwin v. City of Painesville, 781 F.3d 314 (failure-to-intervene standard: knowing opportunity and means to prevent harm)
- Phillips v. Roane Cnty., 534 F.3d 531 (deliberate indifference standard lies between negligence and intent)
- Blackmore v. Kalamazoo Cnty., 390 F.3d 890 (seriousness of medical need may be obvious to a layperson)
- Aldini v. Johnson, 609 F.3d 858 (excessive force claims between arrest and probable-cause hearing governed by Fourth Amendment)