Henderson v. Glanz
civil; jail inmate raped by another inmate sues two detention officers and sheriff for Eighth Amendment failure to protect; defendants' interlocutory appeal from denial of summary judgment on qualified immunity; two appeals dismissed for lack of jurisdiction, one reversed (result: mixed)
Facts
- 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) satisfied law
When a gurney was requested from the medical unit, DO Thomas left to deliver it, though having an inmate deliver it would have been permissible under Jail policy.
- 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) satisfied law
The record indicates that, when DO Thomas left to deliver the gurney for the medical emergency, he knew only that Ms. Henderson was in the tub room and that DO Johnson was in the medical unit outside the tub room.
- 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) satisfied law
DO Thomas testified that he believed the door to the tub room was locked when he left. Ms. Henderson presented no evidence to the contrary.
- 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) satisfied law
Thus, at summary judgment, we must grant qualified immunity unless the plaintiff can show (1) a reasonable jury could find facts supporting a violation of a constitutional right, which (2) was clearly established at the time of the defendant’s conduct.
- 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) satisfied law
the Supreme Court has admonished “not to define clearly established law at a high level of generality,”
- 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) satisfied law
Ms. Henderson has provided no authority clearly establishing that an officer violates the Eighth Amendment when that officer, as here with DO Thomas, has no subjective knowledge of risk of assault to an inmate, leaves to attend to a medical emergency, and does so believing the inmate is in a locked room under the guard of another officer.
- 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) satisfied law
Moreover, although DO Thomas may have violated Jail policy by leaving the medical unit in the care of only DO Johnson, Ms. Henderson offers no authority to show this was a clearly established constitutional violation.