McKay v. LaCroix, 117 F.4th 741

August McKay, a Louisiana State Police (LSP) trooper, was under investigation for obtaining controlled substances fraudulently.
LSP officers, including defendants Bordelon and LaCroix, were assigned to inform McKay of his reassignment and to secure the home before a search warrant was executed.
During this process, McKay accessed a firearm in his closet and committed suicide after the officers, following their safety protocol, retreated from the home.
McKay’s widow, Brandy, filed suit under § 1983 (Fourteenth Amendment due process) and state law, alleging the officers' actions led to McKay's death.
The district court denied qualified immunity to Bordelon and LaCroix on the federal claims; they appealed that denial.
The appellate court considered only the issue of qualified immunity on the § 1983 claims, not the state law claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Qualified Immunity for Failure to Prevent Suicide	Officers were deliberately indifferent to McKay’s risk of suicide by allowing access to firearms and not intervening.	No constitutional duty; McKay’s liberty was not restrained, so no special relationship or duty existed.	Officers entitled to qualified immunity; no constitutional violation as no restraint of liberty.
Constitutional Duty ("Special Relationship")	State created duty by entering and being present in home, then not restraining McKay.	No duty absent restraint similar to custody; McKay was not arrested, detained, or institutionalized.	No duty; state generally not liable for private harm absent custody-like restraint.
Sufficiency of Well-Pleaded Facts	Complaint pled subjective knowledge and deliberate indifference to suicide risk.	Actions (not restraining McKay) cannot establish constitutional liability, as restraint is required.	Facts insufficient to allege violation of constitutional right.
Appellate Jurisdiction Over State Law Claims	Should review all aspects of district court order.	Only qualified immunity ruling on § 1983 claims appealable; state law claims not proper for pendent jurisdiction.	Review limited to federal claims; appeal on state law claims dismissed.

DeShaney v. Winnebago Cnty. Dep't of Soc. Servs., 489 U.S. 189 (no constitutional duty to protect from private harm absent custody or similar restraint)
City of Revere v. Massachusetts Gen. Hosp., 463 U.S. 239 (special relationship and governmental duty triggered only when government restrains liberty)
Farmer v. Brennan, 511 U.S. 825 (state duty of care arises in prison custody context)
Youngberg v. Romeo, 457 U.S. 307 (state duty arises for involuntarily committed mental patients)
Pearson v. Callahan, 555 U.S. 223 (qualified immunity two-prong standard; inquiry into violation and clearly established right)
Mitchell v. Forsyth, 472 U.S. 511 (order denying qualified immunity is immediately appealable)