Gregoire v. City of Oak Harbor
244 P.3d 924
| Wash. | 2010Background
- Gregoire, an inmate, died by hanging in the Oak Harbor jail shortly after arrest for misdemeanors; jailors had custody and control over him during intake and detention.
- Jailors owed a special duty to protect inmates’ health, safety, and welfare under Washington law and regulations; suicide screening and health care were required by regulations, but a specific duty to prevent self-harm was not universally codified.
- At trial, the court instructed the jury on assumption of risk and contributory negligence despite Ms. Gregoire’s objections; the jury found Oak Harbor negligent but not its negligence proximate cause.
- The Court of Appeals affirmed, holding the special relationship did not bar these defenses; this court granted review to address the applicability of these defenses in inmate suicide cases.
- The Washington Supreme Court held that in a jailer–inmate suicide case, the defenses of assumption of risk and contributory negligence are inappropriate, and the matter must be retried consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jailors owe a special duty to prevent inmate suicide. | Gregoire | Oak Harbor | Yes; jailors have an affirmative duty to protect inmates from self-harm. |
| Whether assumption of risk applies to inmate suicide. | Gregoire | Oak Harbor | No; assumption of risk is inappropriate to defeat the jailor's duty. |
| Whether contributory negligence applies to inmate suicide. | Gregoire | Oak Harbor | No; contributory negligence cannot bar recovery for self-inflicted harm under the special relationship. |
| Whether jury instructions improperly shifted proximate-cause analysis. | Gregoire | Oak Harbor | Yes; instructions risked misdirecting proximate cause by tying it to defenses that are inappropriate. |
Key Cases Cited
- Kusah v. McCorkle, 100 Wash. 318 (1918) (recognizes jail duty to keep prisoners healthy and safe)
- Shea v. City of Spokane, 17 Wash.App. 236 (1977) (nondelegable duty to provide health care in custody cases; duty arises from custody)
- Caulfield v. Kitsap County, 108 Wash.App. 242 (2001) (special relationship governs duty; not all duties are created equal)
- Wagenblast v. Odessa Sch. Dist. No. 105-157-166J, 110 Wash.2d 845 (1988) (public duty; public policy against preinjury releases excusing duty)
- Bailey v. Town of Forks, 108 Wash.2d 262 (1987) (special relationship and duty concepts in public torts; contributory defenses)
- Hunt v. King County, 4 Wash.App. 14 (1971) (duty to protect from self-harm in certain medical/mental-health settings)