Katie Kindl v. City of Berkley
798 F.3d 391
| 6th Cir. | 2015Background
- Lisa Kindl died of delirium tremens within a day of custody after no medical attention was provided.
- Kindl’s death occurred after her arrest for violating probation’s alcohol-refraining condition and placement in Berkeley DPS custody pending a court hearing.
- Video of Kindl’s time in cell one shows repeated seizures, incontinence, and efforts to attract officer attention; audio is unavailable and video is intermittently time-stamped.
- Officers Herriman and Moschelli knew of or were informed of Kindl’s potential withdrawal symptoms; contested whether they were aware of a serious medical need.
- District court denied qualified immunity and Michigan governmental immunity; later reinstated a gross-negligence claim; Defendants appealed, seeking interlocutory review.
- This court dismissed the appeal on qualified-immunity and summary-judgment rulings for lack of jurisdiction, but affirmed denial of Michigan governmental immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the qualified-immunity appeal is within appellate jurisdiction | Kindl argues Johnson v. Jones supports interlocutory review. | Herriman/Moschelli argue Scott and Johnson limit review to pure questions of law. | We lack jurisdiction; appeal dismissed. |
| Whether the district court's denial of qualified immunity on the deliberate-indifference prong is reviewable | Plaintiff asserts pre-existing-law clarity supports review. | Defendants contend factual disputes preclude interlocutory review. | We lack jurisdiction to review the factual disputes; only pure legal questions are reviewable. |
| Whether the denial of Michigan governmental immunity on state-law claims is reviewable on appeal | Plaintiff contends the denial should be reviewable as a final order. | Defendants argue immunity defenses apply to Michigan law and are appealable. | We affirm the district court’s denial of governmental immunity. |
Key Cases Cited
- Scott v. Harris, 550 U.S. 372 (Supreme Court 2007) (limits review of factual disputes in qualified immunity cases; exception is narrow)
- Johnson v. Jones, 515 U.S. 304 (Supreme Court 1995) (collateral-order review restricts to pure questions of law)
- Moldowan v. City of Warren, 578 F.3d 351 (6th Cir. 2009) (collateral-order jurisdiction is narrow for clearly disagreed facts)
- Ortiz v. Jordan, 562 U.S. 180 (Supreme Court 2011) (limits interlocutory review of qualified-immunity issues)
- Plumhoff v. Rickard, 134 S. Ct. 2012 (Supreme Court 2014) (affirms Johnson-based limits on appellate review of evidentiary disputes)
- Speers v. County of Berrien, 196 F. App’x 390 (6th Cir. 2006) (delirium tremens recognized as a serious medical condition; context for treatment duty)
- Smith v. County of Lenawee, 600 F.3d 686 (6th Cir. 2010) (delirium tremens acknowledged as life-threatening condition; medical-need recognition)
- Blackmore v. Kalamazoo Cnty., 390 F.3d 890 (6th Cir. 2004) (objective seriousness of medical need in Eighth Amendment-type analysis)
- Meier v. County of Presque Isle, 376 F. App’x 524 (6th Cir. 2010) (officer knowledge of detainee’s medical condition evaluated on record evidence)