Zachary Pulera v. Victoria Sarzant
966 F.3d 540
7th Cir.2020Background
- Pulera was arrested for suspected bail-jumping and held at Kenosha County Pre‑Trial Facility for ~48 hours; he never directly told facility staff he was suicidal.
- A cellmate (Burke) reported seeing Pulera make suicidal gestures and lip‑read statements; jail staff who heard Burke’s concerns did not act further.
- At booking, Officer Gerber checked the jail database, found only a prior level‑two (less restrictive) suicide watch, and—consistent with policy and Pulera’s denials—placed him in general population.
- Pulera submitted three medical requests seeking clonazepam and tramadol; nurses consulted Dr. Butler, who declined to start the meds because many pills were missing and giving more risked overdose; nurses arranged vitals checks and relied on officers’ observations.
- A vitals check on Sunday evening was normal; around 1:45 AM Monday Pulera attempted to hang himself, officers cut him down within minutes, medics treated him, and he survived.
- The district court granted summary judgment for all defendants under an objective Fourth Amendment reasonableness standard; the Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutional standard: Fourth v. Fourteenth Amendment | Pulera argued he was an arrestee protected by the Fourth Amendment (or alternatively pretrial detainee) | Defendants argued the different standard applied to pretrial detainees; parties agreed the standards are effectively the same here | Court applied objective reasonableness standard and declined to resolve classification; plaintiff must show objective unreasonableness |
| Intake/booking & Monell liability (Gerber, county) | Gerber failed to note prior suicide history and should have ordered a second mental‑health screening; county was deliberately indifferent to policy gaps | Gerber followed policy (no level‑one instruction); placement in general population was reasonable; county policy existed and was not shown to be deliberately indifferent | Summary judgment: Gerber and county reasonable; Monell claim fails for lack of deliberate indifference and causation |
| Medical decision to withhold prescriptions (Dr. Butler) | Withholding clonazepam/tramadol and not initiating withdrawal protocol caused distress and led to the attempt | Dr. Butler reasonably withheld meds due to missing pills and overdose risk; record lacks evidence that providing meds would have prevented attempt | Summary judgment: Dr. Butler’s choice objectively reasonable; plaintiff failed to show medical causation |
| Nurses’ responses to medical requests (Rea, Gilanyi, Reed, Summers‑Sgroi; VNCC) | Nurses were indifferent, over‑relied on correctional officers, and failed to act on warnings (including brother’s calls) | Nurses reasonably deferred to physician and officers, performed vitals, and had no objective signs of suicide risk | Summary judgment: nurses acted reasonably; VNCC and municipal Monell claims fail for lack of causation |
| Officers’ emergency response (Clemens, Corso, Newton) | Officers waited for back‑up and delayed cutting Pulera down, violating constitutional duty | Officers acted quickly and prudently, waited negligible time for safety, and rendered aid quickly | Summary judgment: officers’ actions were objectively reasonable; no constitutional violation |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability requires policy and deliberate indifference)
- Gerstein v. Pugh, 420 U.S. 103 (probable‑cause hearing requirement distinguishes arrestees/detainees)
- County of Riverside v. McLaughlin, 500 U.S. 44 (Gerstein hearing ordinarily within 48 hours)
- Miranda v. County of Lake, 900 F.3d 335 (7th Cir.) (pretrial detainee medical‑care claims governed by objective‑unreasonableness inquiry)
- Estate of Perry v. Wenzel, 872 F.3d 439 (7th Cir.) (Fourth Amendment objective reasonableness standard for arrestee medical claims)
- Bd. of Comm’rs of Bryan County v. Brown, 520 U.S. 397 (municipal liability causation and culpability standards)
- Matos ex rel. Matos v. O'Sullivan, 335 F.3d 553 (7th Cir.) (not every depressed detainee requires suicide watch)
- Florek v. Village of Mundelein, 649 F.3d 594 (7th Cir.) (Fourth Amendment balances seriousness of need and scope of requested treatment)
- Belbachir v. County of McHenry, 726 F.3d 975 (7th Cir.) (example of obvious suicide danger when detainee shows severe depressive and suicidal indicators)
- City of Los Angeles v. Heller, 475 U.S. 796 (per curiam) (no municipal liability where there is no underlying constitutional injury)