27 F.4th 491
7th Cir.2022Background
- Kemp, a pretrial detainee at Fulton County Jail, was beaten twice by three cellmates; he cried for help but received no timely assistance and suffered serious injuries.
- Officer Sheldon Burget was on patrol during the incidents; he had documented hearing loss and had stopped wearing a prescribed hearing aid months earlier.
- Surveillance video shows the assaults and that no officer intervened; another officer discovered Kemp after the second beating and summoned EMS.
- Kemp sued Burget (failure-to-protect) and Sheriff Jeff Standard and Sergeant Christopher Ford (supervisory liability) under 42 U.S.C. § 1983, claiming Fourteenth Amendment violations; the district court granted summary judgment to defendants.
- On appeal the Seventh Circuit reviewed de novo, considered Kingsley and related precedents, and affirmed summary judgment for all defendants based on lack of objective-unreasonableness, causation, and supervisory notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutional standard for pretrial detainee failure-to-protect | Kingsley’s objective-unreasonableness test applies to failure-to-protect claims by pretrial detainees | Prior Eighth Amendment subjective deliberate-indifference standard should govern | Court: Kingsley objective test applies; pre-Kingsley subjective requirement abrogated for these claims |
| Liability of Officer Burget for failing to intervene | Burget intentionally chose not to wear hearing aid, so he acted knowingly and objectively unreasonably by not hearing/responding | No evidence Burget’s hearing loss or lack of aid caused the failure to hear or that an unimpaired officer would have intervened | Held: Summary judgment for Burget — Kemp failed to prove risk, causation, or that the omission was more than negligence |
| Supervisory liability of Standard and Ford for hiring/retaining Burget | They knew of Burget’s prior dismissal for hearing problems and therefore knowingly retained a dangerous officer | They lacked notice that Burget currently posed a danger or was not wearing his hearing aid; no causation shown | Held: Summary judgment for supervisors — no evidence of purposeful/knowing or reckless retention or causal link to Kemp’s injuries |
| Causation — would an unimpaired officer have heard/abated the risk? | Kemp: had Burget (or another officer) unimpaired hearing, cries would have been heard and intervention would follow | Dispatchers and another officer testified they did not hear cries; no proof how much aid improved hearing | Held: Kemp failed to present evidence that hearing impairment caused the failure to intervene; causation missing |
Key Cases Cited
- Kingsley v. Hendrickson, 576 U.S. 389 (establishes objective-unreasonableness test for pretrial detainee excessive-force claims, applied here to failure-to-protect)
- Farmer v. Brennan, 511 U.S. 825 (prison officials have duty to protect prisoners from violence by others)
- Hardeman v. Curran, 933 F.3d 816 (7th Cir.) (applies Kingsley’s objective standard to other pretrial-detainee conditions claims)
- Miranda v. County of Lake, 900 F.3d 335 (7th Cir.) (discusses distinction between pretrial detainees and convicted prisoners and standards for liability)
- Castro v. County of Los Angeles, 833 F.3d 1060 (9th Cir.) (applies Kingsley to failure-to-protect; requires more than negligence but less than subjective intent)
- Rice ex rel. Rice v. Corr. Med. Serv., 675 F.3d 650 (7th Cir.) (duty to protect inmates; pre-Kingsley precedent)
- Guzman v. Sheahan, 495 F.3d 852 (7th Cir.) (pre-Kingsley deliberate-indifference approach to failure-to-protect)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Daniels v. Williams, 474 U.S. 327 (negligence by state actor is not a constitutional violation)
- Ashcroft v. Iqbal, 556 U.S. 662 (supervisory liability requires individual misconduct to be shown)