Sherry Luckert v. Dodge County
2012 U.S. App. LEXIS 12790
| 8th Cir. | 2012Background
- Troy Sampson committed suicide while detained at Dodge County Jail (DCJ) in Fremont, Nebraska, prompting a 42 U.S.C. § 1983 suit by his mother as personal representative for alleged deliberate indifference to medical needs.
- DCJ, with a policy framework including a written Suicide Intervention Policy (Policy 12.4) from 1994, failed to fully follow aspects of the policy, including specific suicide-watch levels and documentation.
- DCJ employed a nurse and contracted physicians; the on-site nurse acted as the gatekeeper and coordinated care, with Dr. Shoaib and Dr. O’Neill involved in Sampson’s treatment while detained.
- Sampson was on a 30-minute suicide watch for his entire detention after being deemed at risk; multiple daily watches were not consistently observed, and medication administration records show lapses.
- A grand jury investigation after Sampson’s death recommended policy and procedure reviews, increased staffing, surveillance, and training, signaling concerns about DCJ’s suicide-prevention practices.
- The district court denied summary-judgment on qualified immunity, the jury found deliberate indifference and county policy liability, and awarded Luckert damages, which the appellate court later reversed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Julian and Campbell are entitled to qualified immunity given the alleged deliberate indifference. | Luckert argues deliberate indifference to Sampson’s medical needs; jury found violations. | Julian and Campbell contended their actions were not deliberately indifferent and qualified immunity applies. | Yes; Julian and Campbell are entitled to qualified immunity. |
| Whether Dodge County can be held liable under Monell for a policy or custom of failing to prevent suicides. | Luckert asserts a continuing pattern of unconstitutional misconduct by the County. | County did not prove a continuing pattern causing Sampson’s death; policy not unconstitutional as applied. | Dodge County is entitled to judgment as a matter of law; no Monell liability established. |
Key Cases Cited
- Vaughn v. Greene Cnty., 438 F.3d 845 (8th Cir. 2006) (suicide risk is a serious medical need under the Eighth Amendment for pretrial detainees)
- Gregoire v. Class, 236 F.3d 413 (8th Cir. 2000) (suicide risk constitutes a serious medical need; due process standard for pretrial detainees)
- Rellergert v. Cape Girardeau Cnty., Mo., 924 F.2d 794 (8th Cir. 1991) (deliberate indifference requires more than mere negligence; safety responsibilities for jailers)
- Liebe v. Norton, 157 F.3d 574 (8th Cir. 1998) (analysis of precautionary measures versus hindsight in evaluating preventive actions)
- Jenkins v. Cnty. of Hennepin, Minn., 557 F.3d 628 (8th Cir. 2009) (pattern or custom necessary for municipal liability; continuing misconduct)
- Monell v. Dep’t of Soc. Servs. of N.Y.C., 436 U.S. 658 (1983) (municipal liability requires policy or custom causing constitutional violation)
- Turney v. Waterbury, 375 F.3d 756 (8th Cir. 2004) (deliberate indifference assessment includes considering placement and safety measures for inmates)