Estate of Miller, Ex Rel. Bertram v. Tobiasz
2012 U.S. App. LEXIS 10465
| 7th Cir. | 2012Background
- Miller committed suicide in Columbia Correctional Institute after a history of self-harm and mental illness documented during incarceration.
- Minor siblings sued Miller’s estate under 42 U.S.C. § 1983, alleging deliberate indifference to Miller’s serious medical condition.
- The district court granted qualified immunity to management level defendants, the Wisconsin Resource Center defendants, and the nurse who responded after the suicide.
- CCI staff defendants including Nickel, Tobiasz, Bath, Boodry, Herbrand, Johnson, Millard, Severson, Quade, and others sought interlocutory review of the district court’s immunity ruling.
- The Seventh Circuit affirmed the district court’s denial of qualified immunity for Nickel, Tobiasz, Millard, and Severson; confronted the status of Bath, Boodry, Herbrand, Johnson, and Quade.
- Dissent argued that Bath, Boodry, Herbrand, Johnson, and Quade were entitled to qualified immunity, while agreeing Nickel, Tobiasz, Millard, and Severson were not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nickel and Tobiasz plausibly violated Miller’s rights | Miller’s suicide risk was known; failure to act showed indifference. | Actions or omissions were not objectively unreasonable at pleading stage. | Plausible violation; qualified immunity not granted at this stage. |
| Whether Bath, Boodry, Herbrand, Johnson, and Quade are entitled to qualified immunity | These defendants knew or should have known of Miller’s risk and failed to prevent. | Response-team officers lacked actual knowledge and acted reasonably under time constraints. | Not entitled to qualified immunity at this stage (majority view). |
Key Cases Cited
- Farmer v. Brennan, 511 U.S. 825 (U.S. Supreme Court 1994) (two-prong test for Eighth Amendment deliberate indifference)
- Saucier v. Katz, 533 U.S. 194 (U.S. Supreme Court 2001) (two-step qualified-immunity analysis (now often avoided))
- Mitchell v. Forsyth, 472 U.S. 511 (U.S. Supreme Court 1985) (immunity at early stage of litigation)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. Supreme Court 2009) (plausibility standard for complaints)
- Cavalieri v. Shepard, 321 F.3d 616 (7th Cir. 2003) (right to be free from deliberate indifference to suicide)
- Sanville v. McCaughtry, 266 F.3d 724 (7th Cir. 2001) (deliberate indifference requires actual or inferable knowledge)
- Pearson v. Callahan, 555 U.S. 223 (U.S. Supreme Court 2009) (modifies the order of the two-step qualified-immunity inquiry)
- Riccardo v. Rausch, 375 F.3d 521 (7th Cir. 2004) (guards must act reasonably under circumstances; brief delays may be permissible)
- Twombly v. Bell Atlantic, 550 U.S. 544 (U.S. Supreme Court 2007) (pleading requires more than a sheer possibility of misconduct)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. Supreme Court 2009) (clarifies plausibility standard for pleadings)