357 F. Supp. 3d 732
E.D. Wis.2019Background
- Rebecca Terry, nine months pregnant and a daily heroin user, was arrested March 9, 2014, sent to Froedtert Hospital for evaluation, returned to Milwaukee County Jail (MCJ) after hospital staff said she was not in active labor, and placed in the Special Medical Unit (SMU).
- At booking Nurse Exum contacted the on-call physician, obtained approval to admit Terry to the SMU, began opiate-withdrawal protocol paperwork, and requested hospital discharge papers that were later obtained; Exum did not personally witness events in the SMU the night of the birth.
- Nurse Bevenue was the SMU nurse on the night shift (clinic across the hall); Officer Brian Wenzel was the sole correctional officer stationed at the SMU work desk with visual access to cells; SMU had cell alarm lights and call apparatus.
- Terry activated alarms, screamed, banged the cell window and eventually delivered a baby alone in her cell between roughly 4:41–4:46 a.m.; the infant had breathing difficulty; Wenzel called for medical assistance after the birth and nurses transported Terry and infant to hospital.
- Plaintiff sued under 42 U.S.C. § 1983 for Fourteenth Amendment denial of medical care against County employees and Armor Correctional Health Services, asserting individual liability for Exum, Bevenue, and Wenzel and Monell claims against the County and Armor (including policies on hospital discharge paperwork, lack of pregnancy/labor protocol, and shackling of hospitalized inmates).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Individual liability for Exum (medical intake) | Exum knew Terry was pregnant, recently at hospital, at risk of labor/withdrawal and failed to secure timely care | Exum called physician, contacted hospital, checked for contractions, admitted Terry to SMU and initiated opiate protocol — acted reasonably | Dismissed as to Exum — no reasonable jury could find Exum acted unreasonably or recklessly given her steps |
| Individual liability for Bevenue (SMU nurse) | Bevenue failed to monitor or respond to alarms/cries despite knowledge of pregnancy and risk | Bevenue contends she performed rounds and did not perceive distress; facts disputed about audibility/visibility | Denied summary judgment — factual disputes allow jury to find volitional, objectively unreasonable, and reckless disregard |
| Individual liability for Wenzel (SMU officer) | Wenzel sat across from cell, ignored alarms/screams and failed to act, causing unattended birth | Wenzel asserts he performed routine rounds, relied on medical clearance and did not perceive distress until after birth | Denied summary judgment — factual issues for jury; qualified immunity not appropriate given training and analogous precedent |
| Monell: policy of admitting hospital returns without discharge paperwork | Policy lapse caused unconstitutional care; Armor/County routinely readmit without adequate paperwork | Written policy required discharge summaries; county/Armor attempted to obtain paperwork and followed up; no pattern of constitutional injuries shown | Dismissed — no evidence of pattern of similar constitutional violations or deliberate indifference by policymakers |
| Monell: failure to adopt pregnancy/labor nursing protocol | Lack of protocol amounts to municipal deliberate indifference leading to birth in jail | Defendants had written policy to send laboring women to hospitals and evidence shows that births in jail were rare; decision-making not a municipal choice to violate rights | Dismissed — absence of policy not shown to be deliberate choice that foreseeably caused constitutional violations |
| Monell: restraint policy for hospitalized inmates (shackling) | County’s universal two‑point shackling policy ignored individual medical circumstances and was excessive for pregnant/postpartum detainees | County argues security and past attempted escapes justify restraints | Survives summary judgment as to County — genuine dispute whether blanket shackling was excessive and whether policy was moving force behind injury |
Key Cases Cited
- Miranda v. County of Lake, 900 F.3d 335 (7th Cir. 2018) (pretrial-detainee medical-care claims governed by objective unreasonableness standard derived from Kingsley)
- Kingsley v. Hendrickson, 135 S. Ct. 2466 (U.S. 2015) (excessive-force claims for pretrial detainees governed by objective standard; requires volitional act)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference standard for serious medical needs under Eighth Amendment)
- Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (deliberate indifference to serious medical needs violates Constitution)
- Monell v. Department of Social Servs., 436 U.S. 658 (U.S. 1978) (municipal liability requires unconstitutional policy, custom, or final policymaker act)
- Canton v. Harris, 489 U.S. 378 (U.S. 1989) (failure to train can support Monell liability when need for training is obvious)
- Connick v. Thompson, 563 U.S. 51 (U.S. 2011) (Monell requires a pattern of similar constitutional violations to show deliberate indifference)
- Arnett v. Webster, 658 F.3d 742 (7th Cir. 2011) (non-medical officials ordinarily may rely on medical staff when prisoner is under care)
- Doe v. Gustavus, 294 F. Supp. 2d 1003 (E.D. Wis. 2003) (denying qualified immunity where corrections staff allegedly ignored pregnant detainee in labor)