Samuel McGaw, Jr. v. Sevier County, Tenn.
715 F. App’x 495
| 6th Cir. | 2017Background
- Samuel McGaw arrived at Sevier County Jail visibly intoxicated after drinking vodka and taking three roxicodone pills; he was confused, could not sit unassisted, and had slurred speech and pinpoint pupils.
- Booking officers summoned jail nurse Judy Sims (an LPN employed by a contractor). Sims examined McGaw, found certain vitals within her normal range, consulted a supervisor, and advised that McGaw could be left in a holding/observation cell to sleep.
- Officers placed McGaw in the observation cell, monitored him visually through a window during the night, but did not physically reenter the cell to reassess him.
- Around 1:09 a.m. staff found McGaw unresponsive and not breathing; he was transported to a hospital, suffered cardiac arrest, remained in a coma, and died days later; autopsy attributed death to combined alcohol and oxycodone toxicity.
- McGaw’s estate sued the officers and Sevier County under 42 U.S.C. § 1983 for deliberate indifference to medical needs and for inadequate county training/policies. The district court denied summary judgment for both officers and the county.
- The Sixth Circuit reversed as to the officers (qualified immunity) because they reasonably relied on the nurse’s assessment, but dismissed the county’s appeal for lack of appellate jurisdiction over the interlocutory denial of summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers acted with Eighth Amendment deliberate indifference (qualified immunity) | Officers knew risks from combined alcohol/opiates and should have transported or more closely monitored McGaw. | Officers summoned and followed medical advice from the jail nurse and reasonably relied on that professional judgment. | Officers entitled to qualified immunity; no subjective deliberate indifference where non-medical officers reasonably defer to medical staff. |
| Whether officer reliance on an LPN’s assessment is permissible | Nurse Sims (an LPN) lacked authority/training to diagnose; officers should not have deferred to her. | Non-medical officers are entitled to rely on medical professionals’ assessments even when those professionals are LPNs, absent reason to doubt them. | Permissible to rely on LPN’s recommendation; officer liability requires awareness of a substantial risk they disregarded. |
| Whether this Court may review Sevier County’s interlocutory appeal of denial of summary judgment | County says denial should be reviewable along with officers’ appeal (pendent jurisdiction) because issues are intertwined. | Officers say county’s liability (training/policies) is not coterminous with officers’ immunity, so interlocutory denial is nonappealable. | Appeal dismissed for lack of jurisdiction; county’s denial of summary judgment not reviewable because issues are not inextricably intertwined. |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (Eighth Amendment deliberate indifference standard)
- Farmer v. Brennan, 511 U.S. 825 (subjective component of deliberate indifference)
- Spruill v. Gillis, 372 F.3d 218 (6th Cir.) (non-medical official reasonably may rely on medical staff)
- Spears v. Ruth, 589 F.3d 249 (6th Cir.) (officer entitled to rely on EMTs/jail nurse; no constitutional violation when deferring)
- Johnson v. Doughty, 433 F.3d 1001 (7th Cir.) (deference to medical professionals excuses nonmedical officer)
- Kindl v. City of Berkley, 798 F.3d 391 (6th Cir.) (standards for pendent appellate jurisdiction over nonappealable issues)