Estate of Wilbert Lee Henson v. Wichita Cou
2015 U.S. App. LEXIS 13150
| 5th Cir. | 2015Background
- Wilbert Henson, a pretrial detainee arrested Nov. 23, 2004, reported pneumonia/COPD; multiple licensed vocational nurses (LVNs) treated him with inhalers and antibiotics, and he was placed on sick-call lists and in "medical solitary."
- Nurses provided intermittent care; Dr. Daniel Bolin (contract jail physician) was on call but not continuously onsite; LVNs had limited scope under Texas law and were to call the physician for guidance.
- Henson’s condition worsened over several days; on Nov. 29 officers found him gasping, he lost consciousness, was transported to hospital, and pronounced dead that morning.
- Plaintiffs (Henson’s daughters) sued under 42 U.S.C. § 1983 alleging Fourteenth Amendment deprivations—both episodic acts/omissions by individuals and conditions-of-confinement claims against Wichita County and Dr. Bolin.
- Procedural history: this is the third appeal. This Court previously granted qualified immunity to Nurse Krajca and Sheriff Callahan; the district court later granted summary judgment for Wichita County and Dr. Bolin relying on those decisions; Plaintiffs appealed and this Court AFFIRMED.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claims against Dr. Bolin challenge a condition of confinement or episodic acts | Henson contends Bolin fostered a de facto culture (intimidation, inadequate supervision) producing systemic medical failure | Bolin and district court treated plaintiffs’ claims as episodic omissions and argued no conditions claim was pled | Court treats plaintiffs’ pleadings as episodic-acts claims against Bolin; plaintiffs abandoned a conditions theory on appeal, so no viable claim remains against Bolin |
| Whether Dr. Bolin is liable (deliberate indifference / qualified immunity) | Plaintiffs: Bolin was deliberately indifferent, failed to supervise LVNs, and failed to transport/treat Henson | Bolin: entitled to qualified immunity; no clearly established constitutional violation shown | Court affirms summary judgment for Bolin—no underlying constitutional violation established and plaintiffs abandoned other theories |
| Whether Wichita County is liable for unconstitutional conditions of confinement (systemic medical deficiencies) | Plaintiffs: County had inadequate staffing/uses LVNs without supervision, no standing orders for COPD/pneumonia, de facto policies created a woefully inadequate medical system | County: staffing model and HSP were reasonably related to legitimate objectives; isolated incidents don’t show pervasive unconstitutional policy | Court held plaintiffs failed to show pervasive, extended, or typical misconduct sufficient to prove an intended unconstitutional condition; affirmed summary judgment for Wichita County |
| Whether evidence shows a de facto policy of nurse intimidation causing under-treatment | Plaintiffs rely on testimony/affidavits from a prior, related death (Brown) and nurse statements to show intimidation discouraged ER referrals | Defendants: evidence shows isolated brusqueness but also nurses who overruled Bolin and sent inmates to ER; no evidence intimidation affected Henson’s care | Court found evidence insufficient to prove pervasive intimidation or that intimidation played any role in Henson’s treatment; claim fails |
Key Cases Cited
- Hare v. City of Corinth, 74 F.3d 633 (5th Cir. 1996) (distinguishes conditions-of-confinement claims from episodic acts/omissions for pretrial detainees)
- Bell v. Wolfish, 441 U.S. 520 (1979) (test for whether pretrial conditions amount to punishment: reasonably related to legitimate objective)
- DeShaney v. Winnebago County Dept. of Social Servs., 489 U.S. 189 (1989) (state’s duty to provide for basic human needs when it restrains liberty)
- Shepherd v. Dallas County, 591 F.3d 445 (5th Cir. 2009) (conditions case where systemic deficiencies supported verdict)
- Duvall v. Dallas County, 631 F.3d 203 (5th Cir. 2011) (municipal liability requires showing condition caused constitutional violation)
- Brown v. Callahan, 623 F.3d 249 (5th Cir. 2010) (qualified immunity principles; related discussion of Bolin and jail medical care)