United States Sixth Circuit

In a 42 U.S.C. section 1983 case claiming that defendants violated his son's Eighth Amendment right to be free from cruel and unusual punishment by failing to provide appropriate mental health treatment and suicide monitoring, summary judgment and dismissal in favor defendants is affirmed where: 1) although there was a genuine issue of fact as to whether defendant-jail counselor violated the son's Eighth Amendment constitutional right, she was nevertheless entitled to qualified immunity; and 2) plaintiff failed to show a genuine issue of fact as to whether defendant-county demonstrated deliberate indifference by allowing case workers to make housing decisions that sometimes implicated the medical needs of inmates

Appellate Information

• Decided 10/18/2006
• Published 10/18/2006

Judges

• Before: MOORE, GRIFFIN, and CUDAHY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth J. Wrobel, Jr., Anthony A. Yezbick, Birmingham, Michigan, for Appellant.  Steven M. Potter, Potter, DeAgostino, O'Dea & Patterson, Auburn Hills, Michigan, Kerry L. Rhoads-Reith, Kopka, Pinkus, Dolin & Eads, Farmington Hills, Michigan, for Appellees.   ON BRIEF:  Kenneth J. Wrobel, Jr., Birmingham, Michigan, for Appellant.  Steven M. Potter, Rick J. Patterson, Potter, DeAgostino, O'Dea & Patterson, Auburn Hills, Michigan, Kerry L. Rhoads-Reith, Kopka, Pinkus, Dolin & Eads, Farmington Hills, Michigan, for Appellees.