Estate of James Franklin Perry v. Cheryl Wenzel
2017 U.S. App. LEXIS 18010
| 7th Cir. | 2017Background
- James Perry was arrested, had seizures in custody, was taken to a hospital, received anticonvulsant/sedative medications, then released to officers with discharge instructions warning to seek prompt attention for increased drowsiness, confusion, or other changes.
- Back at the City Prisoner Processing Section (PPS) Perry was unsteady, moaned, soiled himself, and officers restrained him; officers placed a spit mask over his face while he complained he could not breathe.
- City officers transferred Perry (still shackled, soiled, with a blood-stained spit mask) to the County Criminal Justice Facility (CJF); County nurses observed him but did not remove the spit mask, take vitals, or otherwise render prompt medical care.
- After several minutes at the CJF the spit mask was removed and Perry was found unresponsive; emergency measures failed and he died of coronary artery thrombosis less than 24 hours after arrest.
- Plaintiffs sued under 42 U.S.C. § 1983 (individual liability and Monell), and state-law negligence/wrongful death. The district court granted summary judgment for defendants and imposed sanctions on plaintiffs’ counsel; the Seventh Circuit reversed in part, affirmed in part, and vacated the sanctions order for reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 4th Amendment medical care for pretrial detainee | City and County personnel failed to provide objectively reasonable medical care given Perry's known seizures, post-medication condition, observed symptoms, and complaints of inability to breathe | Actions were reasonable: Perry’s condition was medication-related or malingering; hospital discharge meant he was ‘‘fine;’’ County never had custody because booking not completed | Summary judgment improper as factual disputes exist about notice and seriousness; claims proceed to jury against several City officers and two County nurses |
| Qualified immunity | Plaintiffs: clearly established by 2010 that pretrial detainees are entitled to objectively reasonable medical care; total failure to act is unlawful | Defendants: reasonable officers could disagree about whether conduct was objectively unreasonable; qualified immunity protects them | Qualified immunity denied on this record: right was clearly established in 2010 and disputed facts preclude immunity at summary judgment |
| Monell municipal liability (City) | City maintained de facto policies of ignoring detainees’ medical complaints and failing to investigate in‑custody deaths | City: plaintiff produced only complaint allegations and isolated training adage; no evidence of policy, custom, or policymaker action causing injury | Monell claims fail: plaintiff did not present admissible evidence of an official policy or widespread custom sufficient for municipal liability |
| State-law governmental immunity (nurses vs non-medical officers) | Plaintiffs: Scarpaci medical-discretion exception to immunity applies to nurses who exercised medical judgment | Defendants: governmental immunity bars claims against employees; if employees acted within official duties, immunity applies | Medical-discretion exception applies to nurses Virgo and Wenzel (claims survive); non-medical officers remain immune under Wisconsin law (state-law claims dismissed against them) |
| Sanctions under 28 U.S.C. § 1927 | Plaintiffs: sanctions improper because County custody/seizure question raises a genuine legal dispute; some claims meritorious | County: claims against County were baseless because Perry was never booked; counsel’s discovery conduct was abusive | District court abused discretion by relying on erroneous legal conclusion about custody; sanctions vacated and remanded for reconsideration (some individual claims against two officers were meritless and may support sanctions) |
Key Cases Cited
- Williams v. Rodriguez, 509 F.3d 392 (7th Cir.) (Fourth Amendment, objectively unreasonable standard governs pretrial detainees)
- Ortiz v. City of Chicago, 656 F.3d 523 (7th Cir.) (four-factor framework for detainee medical‑care claims)
- Monell v. Department of Social Services of City of New York, 436 U.S. 658 (Sup. Ct.) (municipal liability requires policy or custom causally linked to constitutional injury)
- DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (Sup. Ct.) (state custody creates responsibility for detainee safety)
- Mullenix v. Luna, 136 S. Ct. 305 (Sup. Ct.) (qualified immunity and clarity of constitutional law)
- Gayton v. McCoy, 593 F.3d 610 (7th Cir.) (causation in detainee medical‑delay claims can be inferred from delay)
- Greeno v. Daley, 414 F.3d 645 (7th Cir.) (non‑medical officials may rely on medical staff’s judgment without incurring § 1983 liability)