Cornel J. Rosario v. Daniel R. Braw
670 F.3d 816
7th Cir.2012Background
- Marc Rosario, involuntarily committed under Wis. Stat. § 51.15 after deputies responded to a welfare call.
- Deputies searched Marc and removed a pocket knife, lighter, and wallet contents; a concealed razor blade remained undiscovered.
- Marc regained possession of his wallet with the razor blade while en route to hospital; deputies disciplined for not observing this.
- Marc was transported in restraints to St. Joseph’s Hospital for screening, with careful monitoring by deputies.
- At St. Joseph’s, a wallet item felt soft; a razor blade was concealed in a foil packet labeled Surgical Blade, which deputies did not open.
- Marc died from self-inflicted neck wounds using the razor blade after regaining possession of the wallet during transport to the Winnebago Mental Health Institute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officers were deliberately indifferent to Marc's suicide risk. | Rosario argues officers ignored substantial suicide risk. | Officers contend actions were reasonable responses to risk. | No deliberate indifference; actions not reckless or unconcerned. |
| Whether the officers are entitled to qualified immunity. | Rosario claims constitutional rights were violated. | If no rights were violated, immunity applies. | Qualified immunity not reached because no deprivation of rights found. |
Key Cases Cited
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard for pretrial detainees.)
- Minix v. Canarecci, 597 F.3d 824 (7th Cir. 2010) (applies same due process standard to pretrial detainees.)
- Collins v. Seeman, 462 F.3d 757 (7th Cir. 2006) (dual showing: substantial risk and disregard.)
- Sanville v. McCaughtry, 266 F.3d 724 (7th Cir. 2001) (suicide case standard for objective element.)
- Borello v. Allison, 446 F.3d 742 (7th Cir. 2006) (deliberate indifference requires more than gross negligence.)
- Riccardo v. Rausch, 375 F.3d 521 (7th Cir. 2004) (total unconcern standard for liability.)
- Peate v. McCann, 294 F.3d 879 (7th Cir. 2002) (officials must act reasonably; perfection not required.)
- Cavalieri v. Shepard, 321 F.3d 616 (7th Cir. 2003) (reckless action required for liability.)
- Mombourquette v. Amundson, 469 F. Supp. 2d 624 (W.D. Wis. 2007) (deliberate indifference requires more than negligence; not mere reasonableness.)