Sylvia Fuentes v. City of Corpus Christi, T
689 F. App'x 775
| 5th Cir. | 2017Background
- Sammuel Toomey was booked into Nueces County Jail after a Sept. 2014 arrest and disclosed suicidal intent; he was placed on suicide watch with required ~30-minute checks but not higher-risk precautions.
- Guards conducted regular checks; shift change roll call occurred the night of Sept. 18–19, 2014; one guard (Garza) admitted he did not observe Toomey’s face or armband during roll call (a policy violation).
- At 11:30 p.m., Garza found Toomey with his pants tied around his neck; attempts to revive him failed and Toomey died of mechanical asphyxiation.
- The Nueces County internal investigation concluded no customs, regulations, or policy violations contributed to the death; no disciplinary action is shown in the record.
- The Toomey Estate sued Nueces County under 42 U.S.C. § 1983 alleging municipal liability based on county custom/policy; the district court granted summary judgment for the County for failure to show an official policy or custom causing the violation.
- The Estate appealed, relying primarily on three prior inmate suicides (1995, 1999, 2008) and anecdotal staffing-ratio testimony to show a pattern or ratification of misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nueces County can be liable under § 1983 via a custom or practice causing Toomey’s death | The Estate: prior jail suicides and staffing evidence show a persistent, widespread custom of lax supervision and ratification of misconduct | County: Estate failed to show a persistent, widespread, specific pattern or any official policy that was the moving force; internal investigation shows no contributing violations | Affirmed for County — Estate did not prove an official policy or custom sufficient for Monell liability |
| Whether isolated incidents and internal inaction can suffice to show municipal ratification | Estate: a single catastrophic incident plus failure to discipline equals ratification (citing Grandstaff) | County: this case lacks the extreme, collective misconduct and policymaker acquiescence present in Grandstaff; internal findings do not equal ratification | Rejected — facts do not rise to Grandstaff’s extreme circumstances; no ratification inferred |
| Whether three prior suicides over 20 years and isolated staffing testimony show numerosity and similarity required for a pattern | Estate: prior suicides and alleged 72:1 ratio indicate longstanding problems | County: incidents are too few, dissimilar, and remote; jail implemented monitoring tech and maintained compliance | Rejected — incidents not sufficiently similar, specific, or numerous to establish municipal custom |
| Whether summary judgment was appropriate given the record viewed in Estate’s favor | Estate: factual disputes preclude summary judgment | County: no genuine dispute on municipal-policy element; evidence insufficient as matter of law | Affirmed — no genuine issue of material fact on municipal liability element |
Key Cases Cited
- Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (municipal liability requires action pursuant to official policy or custom)
- Valle v. City of Houston, 613 F.3d 536 (5th Cir.) (three-element test for municipal liability)
- Piotrowski v. City of Houston, 237 F.3d 567 (5th Cir.) (pattern must transcend a single error)
- Zarnow v. City of Wichita Falls, 614 F.3d 161 (5th Cir.) (methods to prove official policy or custom)
- Webster v. City of Houston, 745 F.2d 838 (5th Cir.) (custom established by persistent widespread practice)
- Peterson v. City of Fort Worth, 588 F.3d 838 (5th Cir.) (pattern requires similarity and specificity)
- Pineda v. City of Houston, 291 F.3d 325 (5th Cir.) (numerosity and sufficiency of prior incidents)
- McConney v. City of Houston, 863 F.2d 1180 (5th Cir.) (isolated instances insufficient to show custom)
- Grandstaff v. City of Borger, 767 F.2d 161 (5th Cir.) (single, extreme incident plus policymaker inaction can support liability)
- Snyder v. Trepagnier, 142 F.3d 791 (5th Cir.) (absence of evidence of a culture of misconduct undermines inference of ratification)