Graham v. Cobb County
316 Ga. App. 738
| Ga. Ct. App. | 2012Background
- Decedent Justin Graham died July 7, 2006 from complications of liver failure while in Cobb County jail custody; renal failure and myocardial infarction also noted.
- Graham's family sued Cobb County, Sheriff Warren, WellStar and others alleging inadequate medical care and contract-related claims.
- Cobb County Sheriff's Office contractually outsourced medical care to WellStar, with no third-party beneficiaries and WellStar not controlled for clinical decisions by CCSO, though CCSO dictated facility policies.
- Brocker supervised the jail's medical facility; Graham’s care occurred after May 18, 2006 arrest for DUI with BAC around 0.274–0.283, including Code Blues and treatment for alcohol withdrawal.
- Graham alleged federal §1983 Eighth Amendment violations and state-law claims; the trial court granted summary judgment to some defendants and denied compelled discovery.
- Over several days in May–June 2006, Graham received treatment and testing, with rising bilirubin levels; by June 5 he was transported to WellStar Cobb Hospital and diagnosed with end-stage liver disease, leading to death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment §1983 claims | Graham contends defendants denied adequate care, showing deliberate indifference. | Defendants argue no deliberate indifference; care provided amid medical decision-making within discretion. | Summary judgment proper; no deliberate indifference shown. |
| Sovereign immunity for official-capacity claims | OCGA §42-5-2a imposes duty but may waive immunity. | County and officials are immune from official-capacity state-law claims. | Sovereign immunity bars official-capacity state-law claims. |
| Official immunity for discretionary medical decisions | Warren and Brocker's supervisory decisions breached duties or were reckless. | Medical decision-making is discretionary; officials are shielded absent malice or wilfulness. | Officials shielded by official immunity; ministerial act of providing care is not immunized, but discretion concerns negate personal liability here. |
| Third-party beneficiary contract claim | Contract intended to benefit Graham as a third-party beneficiary. | Contract expressly excludes third-party beneficiaries. | No third-party beneficiary under the contract; claim rejected. |
| Discovery denial | Trial court abused discretion by denying discovery. | No abuse of discretion; decisions within trial court's latitude. | No abuse; denial of discovery affirmed. |
Key Cases Cited
- Epps v. Gwinnett County, 231 Ga. App. 664 (1998) (deliberate indifference requires more than medical negligence)
- Merritt v. Athens-Clarke County, 233 Ga. App. 203 (1998) (contractual duty and damages standards; SE2d citation)
- Howard v. City of Columbus, 239 Ga. App. 399 (1999) (inmate deaths evidence of deliberate indifference; policy considerations)
- Walls, Inc. v. Atlantic Realty Co., 186 Ga. App. 389 (1988) (contract beneficiary limitation; express terms control)
- Chaney v. Harrison & Lynam, LLC, 308 Ga. App. 808 (2011) (third-party beneficiary requirements and standing)
- Gish v. Thomas, 302 Ga. App. 854 (2010) (statutory/ministerial versus discretionary acts distinction)
- Murphy v. Bajjani, 282 Ga. 197 (2007) (statutory duty versus ministerial action; distinction clarified)
- Estelle v. Gamble, 429 U.S. 97 (1976) (standard for cruel and unusual punishment regarding medical care)
- Baker v. McCollan, 443 U.S. 137 (1979) (due process; medical care standards in detention)