116 So. 3d 732
La. Ct. App.2013Background
- Haggan, a pretrial detainee, threatened suicide and was placed in an isolation cell after deputies learned of the threat.
- Haggan was not searched before isolation; belt and other items were not removed due to lack of belt visibility.
- Haggan hanged herself with a belt 12–13 minutes after placement in the isolation cell; suicide watch procedures were being arranged.
- Plaintiff Peggy Patterson, Haggan’s mother, sued under 42 U.S.C. § 1983 for punitive damages based on deliberate indifference.
- The trial court found negligence but did not find deliberate indifference and denied punitive damages; judgment entered against Green, Dominique, and Sheriff Allain.
- Appellate court affirmed the trial court’s rulings and held that evidence did not show deliberate indifference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deputies’ conduct showed deliberate indifference under §1983 | Haggan’s threats and physician/expert opinions showed high suicide risk | No evidence deputies knew of a substantial risk or disregarded it | No, not shown; negligence alone insufficient for deliberate indifference. |
| Whether actual knowledge of suicide risk plus failure to act constitutes deliberate indifference | Debtors knew of suicide risk and failed to remove dangerous items | Efforts to implement suicide watch indicate avoidance of risk | No, evidence does not establish deliberate indifference. |
| Standard of review for appellate evaluation of deliberate indifference | Court should de novo review of facts | Abide by manifest error/clear fidelity to trial findings | Appellate review applied; no manifest error found. |
| Whether negligent frisking/removal of belt can meet the standard of deliberate indifference | Negligence, coupled with observed risk, shows indifference | Negligence alone is insufficient for deliberate indifference | No, did not rise to deliberate indifference. |
| Affirmance of trial court’s denial of punitive damages under §1983 | Punitive damages warranted for conscious disregard | No showing of deliberate indifference; punitive damages inappropriate | Affirmed; punitive damages not warranted. |
Key Cases Cited
- West v. Atkins, 487 U.S. 42 (U.S. 1988) (due process rights of pretrial detainees in medical care)
- Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (deliberate indifference to serious medical needs)
- City of Revere v. Massachusetts Gen. Hosp., 463 U.S. 239 (U.S. 1983) (due process requirement for pretrial detainees' medical care)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference requires knowing disregard of substantial risk)
- Jacobs v. West Feliciana Sheriff’s Dep’t, 228 F.3d 388 (5th Cir. 2000) (liability requires knowledge of substantial risk and disregard)
- Hare v. City of Corinth, 135 F.3d 320 (5th Cir. 1998) (suicide prevention standards; inaction not necessarily deliberate indifference)
- Brown v. Harris, 240 F.3d 383 (4th Cir. 2001) (negligence not enough; deliberate indifference required)