United States Sixth Circuit

In a suit brought by the family of an individual who died eleven months after being in police custody for public intoxication, denial of a summary judgment motion by an officer and the City of Cleveland is reversed and remanded where: 1) plaintiffs have not established the obvious existence of a sufficiently serious medical need; 2) there is no evidence that the officer was aware of facts from which the inference could be drawn that a substantial risk of serious harm existed, and that he drew that inference and chose to disregard the risk; 3) as such, because no constitutional violation occurred, the officer is entitled to qualified immunity; and 4) the city is entitled to summary judgment because the record as a whole does not support an inference that a reasonable trier of fact could find a causal connection between either officer's actions or the police chief's no-transport policy and the decedent's injuries.

Appellate Information

• Decided 12/10/2009
• Published 12/10/2009

Judges

• Before:  MARTIN and SUTTON, Circuit Judges;  REEVES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Reid A. Spaulding, Watson, Roach, Batson, Rowell & Lauderback, P.L.C., Knoxville, Tennessee, for Appellants.  Zachary H. Greene, Miller & Martin PLLC, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  Reid A. Spaulding, Robert H. Watson, Jr., Watson, Roach, Batson, Rowell & Lauderback, P.L.C., Knoxville, Tennessee, for Appellants.  Zachary H. Greene, Roger W. Dickson, Travis R. McDonough, Kevin D. Hudson, Miller & Martin PLLC, Chattanooga, Tennessee, for Appellee.