989 F.3d 860
10th Cir.2021Background
- Shawna Tanner, ~35 weeks pregnant and detained at Bernalillo County MDC, endured ~30 hours of labor during which CCS medical staff repeatedly denied transport, declined pelvic exams, and provided minimal care; the infant was born stillborn with cord around neck.
- Defendants (Dr. Timothy McMurray, RNs Adriana Luna and Taileigh Sanchez) were full-time employees of Correct Care Solutions (CCS), a for‑profit, multistate contractor that provided onsite jail medical services under a county contract.
- CCS employees were treated as independent contractors under the county contract; medical decisions on site were largely entrusted to CCS personnel with minimal county supervision.
- Tanner sued under 42 U.S.C. § 1983 alleging deliberate indifference; the district court granted summary judgment to defendants on qualified immunity grounds.
- The Tenth Circuit reversed, holding employees of a large, for‑profit corporate contractor supplying full‑time correctional healthcare are not entitled to assert qualified immunity.
Issues
| Issue | Plaintiff's Argument (Tanner) | Defendant's Argument (Appellees) | Held |
|---|---|---|---|
| Whether full‑time employees of a for‑profit correctional medical contractor may assert qualified immunity under § 1983 | Not entitled: historical common‑law immunity absent; policy reasons (market/insurance) undercut the need for immunity | Entitled: Filarsky permits private persons who perform governmental work to claim qualified immunity | Court: Not entitled—qualified immunity unavailable to full‑time employees of a profit‑seeking, multi‑state medical contractor providing jail/prison care |
| Whether Filarsky controls here (allowing immunity for private contractors) | Filarsky is limited to temporary/occasional public service and specialized, supervised engagements; it does not cover systematically organized, full‑time contractors | Filarsky supports immunity for private individuals doing government work, regardless of employer | Court: Filarsky inapposite; Richardson controls where contractor is a large, systematically organized, profit‑seeking firm operating with limited state supervision |
| Whether historical common‑law practice or policy justifies extending qualified immunity to these private medical employees | No historical tradition of immunity for physicians serving state institutions; policy factors (market competition, insurance, lower risk under deliberate‑indifference standard) weigh against immunity | Argue public‑function/Filarsky principles and risk of deterrence of service justify immunity | Court: Historical evidence lacking; policy considerations (competitive market, insurance, double‑risk of malpractice) do not support extending qualified immunity |
Key Cases Cited
- Wyatt v. Cole, 504 U.S. 158 (refusing to extend good‑faith immunity to private conspirators with state actors)
- Richardson v. McKnight, 521 U.S. 399 (private prison guards not entitled to qualified immunity)
- Filarsky v. Delia, 566 U.S. 377 (part‑time contractors performing government functions may claim qualified immunity where historical/policy support exists)
- McCullum v. Tepe, 693 F.3d 696 (6th Cir.) (no common‑law immunity for doctors working for the state)
- Estate of Clark v. Mallett, 865 F.3d 544 (7th Cir.) (private correctional medical contractor employees not entitled to qualified immunity)
- Jensen v. Lane County, 222 F.3d 570 (9th Cir.) (similar conclusion denying immunity to private prison medical staff)
- Hinson v. Edmond, 192 F.3d 1342 (11th Cir.) (private prison physicians not entitled to qualified immunity)
- Perniciaro v. Lea, 901 F.3d 241 (5th Cir.) (contrast—circumscribed circumstances where a private physician was granted qualified immunity)
- Estate of Lockett v. Fallin, 841 F.3d 1098 (10th Cir.) (recognized Filarsky logic for a temporary, discrete governmental engagement)