579 F. App'x 260
5th Cir.2014Background
- Pollard, facing imminent aggravated-sexual-attack charges, attempted suicide twice before arrest and was hospitalized, then jailed at Hood County Jail.
- At booking Pollard was deemed high risk for suicide and placed in a single cell with 15-minute checks and no contraband items.
- A laundry bag hung Pollard, leading to suicide on April 26, 2010; barina and Hanson allegedly did not discover the bag despite checks.
- Barina and Hanson acknowledged knowledge of Pollard’s suicidal risk but admitted to imperfect adherence to the 15-minute checks.
- Brown and Deeds were sued for supervisory liability and Hood County for Monell municipal liability; district court granted summary judgment on the individual defendants and judgment on the pleadings for Hood County; the Fifth Circuit affirmed.
- The court evaluated whether the conduct amounted to deliberate indifference under the Fourteenth Amendment and qualified immunity, applying the standard from Farmer and related Fifth Circuit precedents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barina and Hanson acted with deliberate indifference. | Barina/Hanson knowingly risked Pollard’s safety. | Deviations were negligent, not deliberate. | No deliberate indifference; summary judgment affirmed. |
| Whether Brown and Deeds are liable for supervisory conduct. | Failure to supervise created deliberate indifference. | No underlying violation by subordinates; qualified immunity. | Affirmed summary judgment for Brown and Deeds. |
| Whether Hood County can be held liable under Monell. | Policy/custom caused violation by failing to protect Pollard. | No underlying constitutional violation by employees; negligence insufficient. | Affirmed judgment on the pleadings; Hood County not liable. |
Key Cases Cited
- Cantrell v. City of Murphy, 666 F.3d 911 (5th Cir. 2012) (standard for deliberate indifference under qualified immunity)
- Freeman v. Gore, 483 F.3d 404 (5th Cir. 2007) (objective reasonableness in qualified-immunity analysis)
- Gobert v. Caldwell, 463 F.3d 339 (5th Cir. 2006) (deliberate indifference requires more than mere negligence)
- Thompson v. Upshur Cnty., Tex., 245 F.3d 447 (5th Cir. 2001) (negligence insufficient for constitutional violation in jail context)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (Sup. Ct. 2000) (summary judgment standard; admissible inferences favor non-movant on review)
- Doe v. MySpace, Inc., 528 F.3d 413 (5th Cir. 2008) (pleading-stage review for § 1983 claims; light most favorable to plaintiff)
- Flores v. Cnty. of Hardeman, Tex., 124 F.3d 736 (5th Cir. 1997) (due-process right not to be denied attention to serious medical needs; known risk of suicide)