Elaine Thompson v. Ulenzen King
2013 U.S. App. LEXIS 19363
8th Cir.2013Background
- Officer Furr stopped a vehicle; Johnny Thompson, Jr. was arrested for an outstanding warrant.
- An empty Xanax bottle tied to Johnny, with sixty pills two days earlier, was found; Johnny had been intoxicated.
- Johnny slept in transit; Furr awoke him, and Johnny admitted taking some medication.
- In jail, Officer King booked Johnny, noting severe intoxication and writing 'Too Intox to Sign' on the sheet.
- A fellow detainee warned that Johnny needed help; King did nothing, and Johnny later died from multi-drug toxicity.
- The district court denied qualified immunity to King and Furr; Thompson's §1983 claim proceeded against them, and they appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Furr had subjective knowledge of a serious medical need | Thompson argues Furr knew of Johnny's distress and disregarded it | Furr contends there was no actual knowledge of a serious need | No, no genuine subjective-awareness issue shown |
| Whether King had subjective knowledge and deliberately disregarded a serious medical need | Thompson argues King knew of Johnny's serious need and ignored it | King argues Ross controls and immunizes him | Yes, jury could find deliberate indifference; King denied immunity |
Key Cases Cited
- Vaughn v. Gray, 557 F.3d 904 (8th Cir. 2009) (requires a mental state akin to reckless disregard for a serious medical need)
- McRaven v. Sanders, 577 F.3d 974 (8th Cir. 2009) (objective serious medical need; subjective knowledge)
- Popoalii v. Correctional Medical Services, 512 F.3d 488 (8th Cir. 2008) (recklessness standard for deliberate indifference)
- Krout v. Goemmer, 583 F.3d 557 (8th Cir. 2009) (unknown risk requires more than negligence to prove indifference)
- Farmer v. Brennan, 511 U.S. 825 (S. Ct. 1994) (necessity of more than mere risk; deliberate indifference standard)
- Ross v. Grayson, 454 F.3d 802 (8th Cir. 2006) (subjective knowledge analysis in intoxication scenarios)
- Peed v. Grady, 195 F.3d 692 (4th Cir. 1999) (deliberate indifference not shown by isolated signs of intoxication)
- Estelle v. Gamble, 429 U.S. 97 (S. Ct. 1976) (unconstitutional to ignore serious medical needs)
- Gordon v. Frank, 454 F.3d 858 (8th Cir. 2006) (reasonable officer knows delay in treatment is unlawful)
- El-Ghazzawy v. Berthiaume, 636 F.3d 452 (8th Cir. 2011) (clearly established law for qualified immunity)