32 F.4th 1246
10th Cir.2022Background
- Troy Bradshaw was arrested for DUI, exhibited intoxication and suicidal statements at hospital and during intake, and the Initial Arrestee Assessment indicated past suicidal thoughts and that he would kill himself if placed in a cell.
- BCCF policy required suicide screening, observation-cell placement, fifteen-minute checks, removal of dangerous items, suicide smock/blanket, and that only medical/mental-health staff remove a prisoner from suicide watch; policy was available on facility computers and officers received POST suicide-prevention training.
- Despite being placed on suicide watch, Bradshaw was not given a suicide smock or a documented fifteen-minute watch log, was later moved to a regular cell (with bedding and no CCTV), communication about his suicidal status was inconsistent, and he was found dead by hanging the next day.
- Plaintiff Kathy George sued under 42 U.S.C. § 1983 against Beaver County, Sheriff Cameron Noel, and Corporal Randie Rose for failure to protect/provide medical care (Fourteenth Amendment) and alleged municipal/supervisory liability and insufficient training/policies.
- The district court granted summary judgment for Beaver County (no municipal liability) and for Noel and Rose (qualified immunity); the Tenth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| County municipal liability for failure to train/implement suicide-prevention policy, shift-change reporting, and CCTV | County failed to train/enforce policy, causing predictable constitutional risk leading to Bradshaw’s death | County had written policy available, officers had POST and on-the-job training, and plaintiff shows only isolated policy violations, not a pattern or obvious risk | Affirmed — no municipal liability; isolated noncompliance with policy insufficient to show deliberate indifference or a policy/custom causing constitutional harm |
| Sheriff Noel supervisory liability | Noel was lax in enforcement and training and thus liable for a widespread custom of failing to report/train on suicide risk | Noel lacked actual knowledge of Bradshaw’s specific suicide risk and there was no evidence of a County custom or prior suicides putting him on notice | Affirmed — supervisory liability for jail-suicide requires actual knowledge of the individual detainee’s substantial risk; no evidence Noel had such knowledge or knew of a generalized risk |
| Corporal Rose deliberate indifference (placement in regular cell, failure to communicate) | Rose knew Bradshaw was suicidal and deliberately ignored risk by moving him and failing to ensure monitoring/communication | Rose contends he lacked constitutionally culpable notice that his conduct violated clearly established law and denies requisite subjective knowledge | Affirmed — even accepting factual disputes, the right to proper implementation of suicide protocols was not clearly established in June 2014; Rose entitled to qualified immunity |
| Qualified immunity and whether right was clearly established (suicide-prevention implementation) | Prior circuit/supreme caselaw (e.g., Barrie) established detainees’ right to reasonable safeguards against suicide; Rose/Noel should have known their duties | No controlling precedent put officers on notice that failing to follow specific suicide-protocol steps violated clearly established constitutional rights; Cox and later decisions limit supervisory liability to actual knowledge of individualized risk | Affirmed — plaintiffs failed to identify controlling precedent that would have placed the unlawfulness of the officers’ conduct beyond debate in 2014 |
Key Cases Cited
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (municipal liability requires an official policy or custom causing the constitutional violation)
- Connick v. Thompson, 563 U.S. 51 (municipal liability for failure to train requires deliberate indifference and ordinarily a pattern of violations)
- City of Canton v. Harris, 489 U.S. 378 (failure-to-train theory and deliberate indifference standard)
- Estelle v. Gamble, 429 U.S. 97 (deliberate indifference to serious medical needs violates the Eighth Amendment)
- Barrie v. Grand County, 119 F.3d 862 (jail-suicide claims treated as failure-to-provide-medical-care claims)
- Cox v. Glanz, 800 F.3d 1231 (supervisory liability in jail-suicide context requires actual knowledge of the individual inmate’s substantial suicide risk)
- Farmer v. Brennan, 511 U.S. 825 (deliberate indifference and generalized-risk discussion)
- Taylor v. Barkes, 575 U.S. 822 (noting limited discussion of suicide-prevention protocols in Supreme Court precedent)
- Crane v. Utah Dep’t of Corr., 15 F.4th 1296 (prison officials deliberately indifferent if they have subjective knowledge of an inmate’s substantial suicide risk)
- Waller v. City & Cnty. of Denver, 932 F.3d 1277 (discussing narrow circumstances where pattern evidence is unnecessary)