87 F.4th 593
4th Cir.2023Background
- On Aug. 22–24, 2016 Victoria Short was arrested after a domestic disturbance; she had a recent (July) suicide attempt, active drug use/withdrawal, and reported suicidal ideation during jail intake screening.
- Jail medical staff placed her on a withdrawal protocol; jail staff failed to follow the protocol’s monitoring requirements (checks every 10–15 minutes) and placed her in isolation rather than a populated cell.
- Davie County Detention Center policy required removal of potential ligature items, 10–15 minute checks, and placement in a populated cell for inmates identified as suicide risks.
- Between 9:49 and 9:56 a.m. on Aug. 24, 2016 Ms. Short hanged herself in her cell; she was found at ~10:10 a.m., never regained consciousness, and died two weeks later.
- Charles Short sued under 42 U.S.C. § 1983 (Fourteenth Amendment deliberate indifference) and state law; district court granted judgment on the pleadings dismissing all claims; Fourth Circuit reversed as to Sergeant Morgan and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kingsley v. Hendrickson requires an objective test for pretrial detainees’ Fourteenth Amendment deliberate-indifference claims | Kingsley controls; Fourteenth Amendment claims are evaluated under an objective Kingsley/Bell standard | Kingsley limited to excessive-force claims; prior Fourth Circuit subjective standard (Farmer-based) still governs | Kingsley abrogates circuit precedent; pretrial detainees’ Fourteenth Amendment deliberate-indifference claims are evaluated under an objective test (but subjective proof remains sufficient) |
| Whether the Amended Complaint plausibly pleaded a Fourteenth Amendment deliberate-indifference claim against Sergeant Morgan | Allegations (recent attempt, withdrawal, intake forms, policy violation, inadequate checks, placement in isolation) sufficiently plead objective and subjective elements | Defendants contend risk was not sufficiently imminent and Sergeant Morgan reasonably relied on medical staff | Complaint states a claim; facts sufficiently allege even the subjective Eighth Amendment deliberate-indifference standard against Sergeant Morgan; dismissal reversed |
| Whether Sergeant Morgan can shield liability by deferring to medical professionals | Short: Morgan cannot hide behind nonmedical decisionmaking; she made her own placement decision and violated policy | Defendants: Morgan reasonably relied on medical staff’s judgment | Court: Defendant waived qualified-immunity argument on appeal; precedent (Iko) limits reliance-on-medical excuse where officers make their own custody decisions; court declined to decide qualified immunity now |
| Disposition of municipal (Monell) and state-law claims after reversal of individual claim | Short: remand for district court to reconsider Monell and state claims | County: district court previously dismissed those claims because no viable federal claim remained | Court reversed dismissal of Monell and state-law claims and remanded for further proceedings |
Key Cases Cited
- Kingsley v. Hendrickson, 576 U.S. 389 (2015) (pretrial detainee claims under Fourteenth Amendment use an objective reasonableness test; endorses Bell’s objective framework)
- Bell v. Wolfish, 441 U.S. 520 (1979) (Fourteenth Amendment “punishment” inquiry is objective and governs conditions-of-confinement challenges for pretrial detainees)
- Farmer v. Brennan, 511 U.S. 825 (1994) (Eighth Amendment deliberate-indifference standard requires subjective knowledge; explains civil vs. criminal recklessness)
- Estelle v. Gamble, 429 U.S. 97 (1976) (Eighth Amendment deliberate indifference to serious medical needs is actionable)
- City of Revere v. Mass. Gen. Hosp., 463 U.S. 239 (1983) (pretrial detainees’ Fourteenth Amendment protections are at least as great as Eighth Amendment protections)
- Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017) (adopts Kingsley objective framework for pretrial-detainee deliberate-indifference claims)
- Gordon v. County of Orange, 888 F.3d 1118 (9th Cir. 2018) (same)
- Miranda v. County of Lake, 900 F.3d 335 (7th Cir. 2018) (same)
- Iko v. Shreve, 535 F.3d 225 (4th Cir. 2008) (officers cannot avoid liability for their own custody decisions by deferring post hoc to medical personnel)
- Stevens v. Holler, 68 F.4th 921 (4th Cir. 2023) (protocol violations can show knowledge and deliberate indifference)