Jeannie Parsons v. MDOC
491 F. App'x 597
6th Cir.2012Background
- Parsons, a Michigan prisoner with a seizure disorder, died from a seizure at Standish Maximum Correctional Facility on August 28, 2004 after not receiving Dilantin for days.
- Parsons arrived at Standish without his medications; intake nurse Pausits and medical staff initiated orders but faced pharmacy cutoffs and logistics for obtaining Dilantin.
- Dilantin could be obtained from PharmaCorr (CMS), a local pharmacy, or from on-site stock meds; delays potentially occurred due to ordering from PharmaCorr.
- Dr. McCarthy prescribed psychotropic medications and directed that most meds be obtained locally, while the Dilantin order was placed through PharmaCorr.
- Toxicology after death showed no Dilantin in Parsons’s system for at least three days and revealed Wellbutrin, which can worsen seizures; no clear evidence Parsons received Wellbutrin.
- The district court granted summary judgment to several defendants; the Sixth Circuit held Pausits and Heebsh plausibly acted with deliberate indifference, while others (McCarthy, Alexander, Caruso, CMS) did not, and remanded for further proceedings on those claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Pausits act with deliberate indifference? | Pausits knew of the risk and failed to provide Dilantin. | Delay was not an emergency and did not show deliberate indifference. | Yes; Pausits liable for deliberate indifference. |
| Did Heebsh act with deliberate indifference? | Heebsh knew Parsons lacked Dilantin and delayed administration. | She was not reckless or knowingly disregarding risk. | Yes; Heebsh liable for deliberate indifference. |
| Did Dr. McCarthy act with deliberate indifference? | McCarthy could have secured Dilantin promptly given the urgent situation. | As a mental health professional, he deferred to medical staff and was not reckless. | No; McCarthy not liable. |
| Did Alexander act with deliberate indifference? | Alexander may have dispensed or not dispensed Dilantin on Aug 27. | Evidence insufficient to show he perceived and disregarded risk. | No; Alexander not liable. |
| Can Caruso or CMS be liable under Monell? | Policy or custom caused risk to Parsons' medical care. | No direct policy or moving-force evidence; supervisory liability lacking. | No; Caruso and CMS not liable; district court affirmed as to them. |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (establishes Eighth Amendment deliberate indifference standard)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference requires subjective recklessness, not mere negligence)
- Comstock v. McCrary, 273 F.3d 693 (6th Cir. 2001) (subjective perception of risk and disregard required)
- Brown v. Bargery, 207 F.3d 863 (6th Cir. 2000) (clarifies substantial risk and reasonable inference of risk)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (U.S. 1978) (local governments may be liable for unconstitutional policies)
- Street v. Corr. Corp. Am., 102 F.3d 810 (6th Cir. 1996) (Monell policy/custom standard for corporate defendants)