968 F.3d 594
6th Cir.2020Background:
- Tye L. Downard, a longtime Reynoldsburg detective, was arrested on federal drug-trafficking charges and delivered to Delaware County Jail for a preliminary hearing.
- The U.S. Marshals Service sent a Custody Alert: Tye “seems despondent, but has not stated he is suicidal,” and flagged his law-enforcement status; the “suicidal” checkbox was not marked.
- Officer Amy Foley conducted a ~4-minute intake: Tye denied suicidal thoughts, hopelessness, and psychiatric history; Foley placed him in administrative segregation in the booking area (not labeled a suicide watch).
- A nurse and mental-health clinician later assessed Tye, each recording normal findings; the clinician (Arnold) did not put Tye on suicide watch but recommended he stay in the booking area until reassessment on Monday.
- On Feb. 21 Tye was moved out of the booking area to cell C8 (dispute whether Officer Wallace made the final move), and on early Feb. 22 Tye committed suicide in C8.
- Downard (administrator of estate) sued Foley and Wallace under 42 U.S.C. § 1983 for deliberate indifference and under Ohio law for wrongful death/survival; the district court denied qualified and state-law immunity; the Sixth Circuit reversed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity: deliberate indifference to a pretrial detainee's medical need | Downard: custody alert, booking-area placement, and pass-on notes put Foley and Wallace on notice of suicide risk | Foley/Wallace: intake denials, nurse and clinician assessments, and absence of prior attempts or express suicidal statements mean no knowledge of a "strong likelihood" of suicide | Reversed denial: facts do not show defendants perceived a "strong likelihood" of suicide; qualified immunity applies |
| Ohio state-law immunity under R.C. § 2744.03(A)(6) | Downard: officers acted recklessly/wantonly by disregarding obvious risk | Foley/Wallace: state immunity is coterminous with federal qualified immunity; no reckless conduct if no deliberate indifference | Reversed denial: because federal deliberate-indifference standard is unmet, state-law immunity also applies |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (1976) (prisoners have Eighth/medical-rights claims for serious medical needs)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference requires subjective knowledge; obvious risks may give rise to inference)
- Barber v. City of Salem, 953 F.2d 232 (6th Cir. 1992) (in suicide contexts, officials must know of a "strong likelihood" of suicide)
- Gray v. City of Detroit, 399 F.3d 612 (6th Cir. 2005) (quoting the "strong likelihood" standard for suicide risk)
- Comstock v. McCray, 273 F.3d 693 (6th Cir. 2001) (deliberate indifference requires both perception of risk and failure to act reasonably)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity two-step analysis)
- Plumhoff v. Rickard, 572 U.S. 765 (2014) (interlocutory review of qualified immunity denials is limited to legal questions)