Estate of Clark v. Walker
2017 U.S. App. LEXIS 13511
| 7th Cir. | 2017Background
- Ryan Clark, with a documented history of depression, alcohol abuse, prior self-harm, and a prior jail suicide attempt, was admitted to Green Lake County Jail intoxicated in May 2012.
- During intake Officer Bruce Walker administered the Spillman suicide-risk screening, which produced a "maximum" risk result; Walker did not implement the jail’s suicide-prevention protocol or notify others.
- Nurse Tina Kuehn (a private-contracted nurse) performed medical intake, noted Clark was on antidepressants but did not confirm medication, did not initiate suicide precautions, and placed Clark in a solitary detox cell rather than a suicide-prevention cell.
- Clark was found dead by suicide four days later; officers on duty were unaware of his suicide risk and had not been informed by Walker or Kuehn.
- Clark’s estate sued under 42 U.S.C. § 1983 alleging Eighth Amendment deliberate indifference; the district court denied summary judgment for Walker and Kuehn, finding factual disputes and rejecting qualified immunity defenses.<
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a private contracted medical provider (Kuehn) can invoke qualified immunity | Estate: Kuehn’s conduct violated Clark’s constitutional rights and she is not entitled to qualified immunity | Kuehn: Filarsky permits qualified immunity for privately contracted public-service providers | Court: Private prison/medical contractors are not entitled to qualified immunity; affirmed denial |
| Whether denial of qualified immunity is reviewable on appeal | Estate: Denial presents legal questions reviewable on interlocutory appeal | Defendants: factual disputes preclude appellate review of qualified-immunity denial | Court: Appellate jurisdiction limited to legal questions; cannot review fact-bound determinations but can review legal (clearly-established-law) questions |
| Whether defendants violated clearly established law forbidding deliberate indifference to suicide risk | Estate: Seventh Circuit precedent clearly established the right to be free from deliberate indifference to suicide risk | Defendants: Precedent is too general or inapplicable; Taylor v. Barkes undermines clarity; Walker claims the specific duty at intake was not clearly established | Court: Seventh Circuit case law clearly established inmates’ right to be free from deliberate indifference to suicide risk by 2012; denial of qualified immunity affirmed |
| Whether there was deliberate indifference (actual knowledge and disregard) sufficient to defeat qualified immunity | Estate: Facts viewed favorably to plaintiff show defendants knew of serious risk and failed to act | Defendants: Dispute over whether they actually knew or whether risk required immediate action before medical follow-up | Court: District court’s ruling on actual knowledge/disputed facts is fact-bound and not reviewable on interlocutory appeal (remains for trial) |
Key Cases Cited
- Filarsky v. Delia, 566 U.S. 377 (2012) (discusses historical test for extending qualified immunity to private individuals in public service contexts)
- Johnson v. Jones, 515 U.S. 304 (1995) (limits appellate review of interlocutory qualified-immunity denials when denial rests on factual disputes)
- Pearson v. Callahan, 555 U.S. 223 (2009) (sets the two-step qualified-immunity analysis)
- Hope v. Pelzer, 536 U.S. 730 (2002) (explains when rights are clearly established for qualified-immunity purposes)
- Ashcroft v. al-Kidd, 563 U.S. 731 (2011) (requires precedent to place constitutional question beyond debate for clearly established rule)
- Estelle v. Gamble, 429 U.S. 97 (1976) (recognizes Eighth Amendment protection for inmates’ serious medical needs)
- Hall v. Ryan, 957 F.2d 402 (7th Cir. 1992) (holds officers cannot be deliberately indifferent to detainees who pose substantial suicide risk)
- Cavalieri v. Shepard, 321 F.3d 616 (7th Cir. 2003) (recognizes right to be free from deliberate indifference to suicide risk)
- Petties v. Carter, 836 F.3d 722 (7th Cir. 2016) (en banc) (declares private medical personnel in prisons are not entitled to qualified immunity)
- Rasho v. Elyea, 856 F.3d 469 (7th Cir. 2017) (applies Petties principle to deny qualified immunity to private contractors providing prison medical care)