EDWARD PAYNE v. THE STATE OF ILLINOIS (2001)

OPINION

This is a claim for personal injury and property damages pursuant to the Illinois Court of Claims Act (705 ILCS 505/8). The Claimant alleges that the State was negligent in failing to promptly respond to his request for a crisis member. The Claimant alleges that the floor and control officers did not come to his cell before he had already cut his wrist. The Claimant is seeking $1,000.00 in damages.

A hearing was held before the undersigned Commissioner on August 29, 2000. Testimony was heard from the Claimant, Edward Payne; correctional officer, Harry Sandoval; correctional officer, Lucy Trujillo; correctional counselor, David S. Lahey; and director of nurses for Wexford Health Services at Centralia Correctional Center, April Odle. The Commissioner admitted into evidence the departmental report of the incident.

The Claimant testified that on March 4, between 5:00 a.m. to 5:30 a.m., officer Sandoval brought the Claimant breakfast. At or around this time, the Claimant stated that he requested a crisis member, whereby officer Sandoval agreed to the request. The Claimant testified that he waited a few minutes or at least an hour or so for the crisis member. At 9:30 a.m. the claimant stated that officer Sandoval brought him lunch and he again requested a crisis member. The Claimant stated that he kept pushing an emergency button in his cell, but no officer ever came to check on him. The Claimant testified that before a crisis member could arrive, he cut his wrist with a soda can. On cross examination the Claimant admitted that he was not on suicide watch. Rather, the Claimant stated that he was in the segregation unit because of a disciplinary infraction.

Officer Sandoval testified that he remembers that the Claimant was angry because he was in the segregation unit. He stated that his work shift at that time was 7:00 a.m. to 3:00 p.m., so he could not have served the Claimant breakfast between 5:00 to 5:30 a.m. Officer Sandoval stated that the Claimant never stated that he was going to cut his wrist or kill himself, but that he did request a crisis intervention member. He could not remember the exact time that the Claimant requested a crisis member, but he stated that it was some time in the late morning. The administrative report stated that he notified his sergeant, David S. Lahey, around 10:35 a.m. He testified that after the Claimant requested a member, he immediately notified his sergeant, and not less than five minutes later, he and the sergeant went to the Claimant's cell and found that the Claimant had cut his wrists. They immediately opened the claimant's cell and took the Claimant to a crisis cell. Officer Sandoval stated that the Claimant was not on suicide watch, and that he had no reason to believe that the Claimant might cut his wrists that day.

Officer Lucy Trujillo testified that she was working in the control room of the segregation unit on the day of the incident. Among other duties, she monitors the emergency lights in the control room that are connected to the inmates cells. She stated that if an emergency light turns on, she immediately notifies the patrolling officer. She testified that the light to the Claimant's cell did not light up on the day of the incident.

David S. Lahey testified that he was the sergeant on duty on the day of the incident. He is currently a correctional counselor. He stated that he had no independent recollection of the incident, but that the report of the incident revealed that the normal procedures were followed.

April Odle, director of nurses for Wexford Health Services at Centralia Correctional Center, testified that she reviewed the claimant's medical records. She stated that the Claimant's cuts on his wrists were superficial, and were clotted at the time he was seen by the nurse. She testified the bandages were applied to the wound, and no further treatment was administered to the Claimant for the wounds after the day of the incident.

This Court has held that the State is not an insurer as to the safety of an inmate in custody. It does however have a duty to exercise reasonable care in providing inmates with medical care and treatment. Bynum v. State, 44 Ill. Ct. Cl. 1 (1992). Furthermore, the State will not be found liable for injuries to prisoners where the Claimant fails to establish any signs of permanent injury. Jones v. State, 38 Ill. Ct. Cl. 273 (1986).

Here, the main issues is whether the State was negligent in rendering crisis care to the claimant. The Claimant testified that he had requested a crisis member to officer Sandoval from around 5:00 a.m. until the time he cut his wrists. The testimony of officer Sandoval establishes that he did not begin his shift until 7:00. Further, officer Sandoval stated that once the Claimant made a request for a crisis intervention member, he promptly notified then sergeant David S. Lahey. According to testimony, they both went to the Claimant's cell within five minutes of being notified. The testimony of officer LCcy Trujillo establishes that the Claimant did not press his emergency button to notify the officers of an emergency.

The Claimant has simply failed to present evidence of negligence by the State. Even if the State had been negligent, the injury was a result of the Claimant's own conduct. While it is not impossible for a suicide, or an attempted suicide to be the basis of liability, it is extremely difficult for an attempted suicide to result in payments. It would be an extremely difficult situation for an attempted suicide to result in liability towards the State. In this case there is insufficient evidence of negligence, ample evidence of Claimant's injury being a result of his own conduct, and little if any evidence as to permanent damages. We deny this claim.

PATCHETT, J.