Jerauld ex rel. Robinson v. Kroger
2011 Ky. App. LEXIS 184
| Ky. Ct. App. | 2011Background
- Dustin Jerauld was arrested for burglary and taken to Kenton County Detention Center (KCDC).
- KCDC personnel observed what appeared to be drugs but deemed Jerauld not under the influence at arrest.
- Jerauld was placed under suicide watch after information from his father and prior threats; Mark Kroger evaluated him as Level III suicide risk.
- On Feb. 9, Jerauld requested removal from suicide watch; Kroger recommended release to general population after another meeting.
- On Feb. 11, Jerauld informed staff of heroin withdrawal needs; Parker deferred medical appointment; Sams questioned him and placed him on next-day physician list.
- Jerauld was found hanging in his cell by Parker on Feb. 11, suffered brain injury; federal suit followed with state-law claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellees are entitled to qualified official immunity. | Jerauld argues immunity does not apply to ministerial acts. | Kroger, Sams, and Parker acted within discretionary duties and in good faith. | Appellees entitled to qualified official immunity. |
| Whether Parker and Sams' actions were discretionary or ministerial. | Parker and Sams had ministerial duties to act on suicide risk. | Their acts were discretionary decisions based on observations and circumstances. | Acts were discretionary; qualified immunity applies. |
| Whether Kroger, as a contracted psychologist, could rely on qualified immunity for discretionary evaluation. | Kroger should be held to professional standard; immunity may not apply. | Kroger's evaluation was discretionary in nature, despite professional status. | Kroger's actions were discretionary; qualified immunity applies. |
Key Cases Cited
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (establishes framework for qualified official immunity)
- Rowan County v. Sloas, 201 S.W.3d 469 (Ky. 2006) (supervision of prisoners is discretionary; immunity applies)
- Sudderth v. White, 621 S.W.2d 33 (Ky. App. 1981) (liability for suicide risk depends on duty to take reasonable care)
- Collins v. Commonwealth of Ky. Natural Resources and Environmental Protection Cabinet, 10 S.W.3d 122 (Ky. 1999) (discretionary vs ministerial distinction framework)
- Franklin County, Ky. v. Malone, 957 S.W.2d 195 (Ky. 1997) (discretionary act analysis in immunity context)
- Caneyville Volunteer Fire Dept. v. Green’s Motorcycle Salvage, Inc., 286 S.W.3d 790 (Ky. 2009) (professional expertise more likely discretionary)
- Salyer v. Patrick, 874 F.2d 374 (6th Cir. 1989) (official immunity rests on function, not title)
- James v. Wilson, 95 S.W.3d 875 (Ky. App. 2002) (judicial evaluation of discretionary decisions)