Lawrence Ex Rel. Estate of Hoffman v. Madison County
695 F. App'x 930
| 6th Cir. | 2017Background
- Charles Hoffman, detained at Madison County Detention Center (MCDC), was placed in isolated housing and committed suicide on November 10, 2012.
- MCDC policy required officers to visually check inmates in isolated housing every twenty minutes; video showed checks did not occur for over three hours the evening Hoffman died.
- An officer, Christine Greene, logged check-ins that surveillance contradicted; investigator Keeton concluded the logs were falsified and that there was a history of missed checks.
- Jailer Doug Thomas knew staff falsified logs and had previously warned staff about altering logs; plaintiff alleges Thomas failed to enforce the mandatory twenty-minute check policy through training and supervision.
- Lawrence (personal representative) sued under state-law negligence against Thomas in his individual capacity; the district court denied Thomas qualified official immunity, finding enforcement of the twenty-minute check policy was ministerial.
- The Sixth Circuit affirmed, holding that training and supervising to enforce a mandatory policy is ministerial, so qualified official immunity did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thomas is entitled to qualified official immunity for failure to enforce the 20-minute check policy | Thomas had a ministerial duty to ensure the mandatory checks; his failure to train/supervise breaches that duty | Enforcement/supervision are discretionary acts protected by qualified official immunity | Enforcement/supervision of a mandatory 20-minute check policy is ministerial; Thomas not entitled to qualified official immunity |
Key Cases Cited
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (defines qualified official immunity and distinguishes ministerial vs. discretionary acts)
- Rowan Cty. v. Sloas, 201 S.W.3d 469 (Ky. 2006) (examples and discussion of discretionary vs. ministerial duties)
- Marson v. Thomason, 438 S.W.3d 292 (Ky. 2014) (ministerial duty exists when officer has no choice but to perform a specific act)
- Finn v. Warren Cty., 768 F.3d 441 (6th Cir. 2014) (training and supervising to enforce existing policies is ministerial)
- Hedgepath v. Pelphrey, [citation="520 F. App'x 385"] (6th Cir. 2013) (interlocutory appeal of denial of qualified official immunity)