Jacqueline Smith v. Harris County Sheriff
956 F.3d 311
| 5th Cir. | 2020Background
- Danarian Hawkins, incarcerated in Harris County Jail, had a history of repeated suicide attempts and self-harm and spent intermittent periods in the jail’s Mental Health Unit (MHU).
- On Jan 17, 2014 Hawkins was placed in the MHU after an attempted hanging; he was discharged on Jan 31 and returned to administrative separation in the same cell block.
- On Feb 4 Hawkins told nurse Chelsea Ford that he heard voices and mentioned the Illuminati but said he was not currently suicidal; Ford did not refer him back to the MHU.
- The night of Feb 5 Hawkins was found hanging from a smoke detector; Det. Officer Cano discovered him around 10:10 PM, officers and nurses attempted resuscitation, and Hawkins was pronounced dead at 10:43 PM.
- Hawkins’s mother, Jacqueline Smith, sued Harris County under Title II of the ADA and §504 of the Rehabilitation Act seeking compensatory damages, arguing the jail failed to provide six accommodations (e.g., knot-proof blanket, modify smoke detector, timely MHU referral, remove towel covering window, 25-minute rounds, 5–10 minute monitoring).
- The district court granted summary judgment for Harris County for lack of evidence of intentional discrimination; the Fifth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Smith proved intentional discrimination required for compensatory damages under ADA/§504 | Smith: County’s failures to provide specific suicide-prevention accommodations amounted to intentional discrimination | Harris County: No evidence of actual notice or intent; at most negligence or medical judgment error | Held: No intentional discrimination; summary judgment affirmed |
| Whether failure to remove towel or to perform 25-minute rounds was intentional | Smith: These procedural lapses violated ADA/§504 and were part of discriminatory failure to accommodate | County: No evidence staff knew towel was present before Cano removed it; rounds occurred within the timeframe (Perkins at 9:53 PM) | Held: Not intentional; absence of notice means no liability for compensatory damages |
| Whether non-medical staff should have provided additional measures (knot-proof blanket, modify smoke detector, more frequent checks) | Smith: Non-medical staff failed to implement reasonable accommodations that would have prevented suicide | County: Non-medical staff reasonably relied on MHU/medical treatment and lacked actual knowledge that further accommodation was necessary | Held: No intentional discrimination by non-medical staff; reliance on medical care defeats intent claim |
| Whether nurse Ford intentionally discriminated by not re-referring Hawkins to MHU | Smith: Ford’s notes and Hawkins’ statements indicated worsening risk and required MHU referral | County: Ford testified Hawkins denied current suicidal ideation; her assessment was that he was not actively suicidal; any error was negligent, not intentional | Held: Ford did not intentionally discriminate; policy deviation (if any) is not intent |
Key Cases Cited
- Windham v. Harris County, 875 F.3d 229 (5th Cir. 2017) (summary‑judgment standard applied in ADA jail context)
- Cadena v. El Paso County, 946 F.3d 717 (5th Cir. 2020) (public‑entity scope and standards for accommodation/intent)
- Delano‑Pyle v. Victoria County, 302 F.3d 567 (5th Cir. 2002) (compensatory damages under ADA/§504 require intentional discrimination)
- Miraglia v. Bd. of Supervisors of La. State Museum, 901 F.3d 565 (5th Cir. 2018) (intent requires at least actual notice; deliberate indifference insufficient)
- Ball v. LeBlanc, 792 F.3d 584 (5th Cir. 2015) (elements of failure‑to‑accommodate claim)
- Pa. Dep’t of Corr. v. Yeskey, 524 U.S. 206 (1998) (prison services qualify as public entity "services, programs, or activities")
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary‑judgment standards)