/f3d/813/0938-01

United States Court of Appeals for the Tenth Circuit · 2015-12-28

Original case on neochart.com

Case and law context

42 U.S.C. § 1983

Role: applied; posture: 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; claim:

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Personal involvement / causal connection ("subjects, or causes to be subjected")not_reached
Excluded from merits counts
applied / merits

Supervisory liability of the sheriff (notice + failure to respond) was the issue he tried to raise; not reviewable.
Unspecified variantNo source quotation recorded for this block.
/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Action taken "under color of" state, territorial, or D.C. lawnot_reached
Excluded from merits counts
applied / merits

Unspecified variantNo source quotation recorded for this block.
/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Damages remedy (legacy CASE id; not a prerequisite for prospective relief)not_reached
Excluded from merits counts
applied / merits

Unspecified variantNo source quotation recorded for this block.
/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Deprivation of Eighth Amendment right to be free from cruel and unusual punishmentsnot_reached
Excluded from merits counts
applied / merits

party: Detention Officer Thomas; subject: party=Detention Officer Thomas

Court speaks of "any violation of the Eighth Amendment she may have suffered" and decides only the second prong; yet it finds as undisputed that Thomas lacked subjective knowledge of the risk, the core of deliberate indifference.
Unspecified variantNo source quotation recorded for this block.
/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Deprivation of Eighth Amendment right to be free from cruel and unusual punishmentssatisfied
Excluded from merits counts
applied / lower-court

basis: triable; party: Detention Officer Johnson; Sheriff Glanz; subject: party=Detention Officer Johnson; Sheriff Glanz

The DISTRICT COURT's ruling, narrated but not reviewed (both appeals dismissed). As to Johnson: she unlocked the holding-cell door in view of an unrestrained male inmate, left without re-locking, securing him, or checking on the shackled plaintiff. As to Glanz: a jury could infer notice from prior staff-on-inmate sexual assaults in the understaffed, unsurveilled medical unit, and no remedial response. The one fact line is plaintiff's version as this court restates it (moved in v1 from the jurisdiction block, where it showed that Johnson's appeal disputed the facts); v0 did not quote the block-quoted district-court findings.
failure-to-protect/inmate-left-unsecured-with-unrestrained-inmate-in-understaffed-unit
Ms. Henderson asserted in her summary judgment briefing and asserts on appeal that DO Johnson knew the door to the tub room was unlocked when she left the medical unit hallway. DO Johnson’s argument does not accept as true Ms. Henderson’s version of this fact.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [22254:22514] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States)not_reached
Excluded from merits counts
applied / merits

Unspecified variantNo source quotation recorded for this block.
/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Municipal policy or custom as moving force (Monell v. Department of Social Services)not_reached
Excluded from merits counts
applied / merits

Sheriff did not appeal in his official capacity.
Unspecified variantNo source quotation recorded for this block.
/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan)satisfied
Counted merits instance
applied / merits

basis: law; party: Detention Officer Thomas; subject: party=Detention Officer Thomas

Decided on the clearly-established prong only, but the court first overrides the district court's fact finding (risk awareness "blatantly contradicted by the record"), which effectively negates deliberate indifference. Violation of jail double-staffing policy is not a constitutional violation.
not-clearly-established/officer-left-post-without-subjective-knowledge-of-risk
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.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [3750:3912] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [27843:28056] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [28057:28196] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [31902:32154] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

the Supreme Court has admonished “not to define clearly established law at a high level of generality,”
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [34744:34847] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [35138:35478] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [35479:35696] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan)not_reached
Excluded from merits counts
applied / procedural

party: Detention Officer Johnson; subject: party=Detention Officer Johnson

Appeal dismissed for lack of interlocutory jurisdiction (challenge to evidence sufficiency); district court's denial of immunity stands unreviewed.
Unspecified variantNo source quotation recorded for this block.
/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan)not_reached
Excluded from merits counts
applied / procedural

party: Sheriff Glanz (individual capacity); subject: party=Sheriff Glanz (individual capacity)

Appeal dismissed for lack of jurisdiction; district court's denial of immunity stands unreviewed.
Unspecified variantNo source quotation recorded for this block.
/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Collateral-order appellate jurisdiction over interlocutory qualified-immunity denials (Mitchell v. Forsyth; Johnson v. Jones)not
Excluded from merits counts
applied / procedural

basis: law; party: Detention Officer Johnson; Sheriff Glanz (their appeals); subject: party=Detention Officer Johnson; Sheriff Glanz (their appeals)

Not an element of the statute: Johnson v. Jones bar on interlocutory review of fact-sufficiency rulings. "not-satisfied" here = no appellate jurisdiction.
qualified-immunity-appeal/challenge-to-evidence-sufficiency
Instead of accepting these facts as true or viewing the facts in the light most favorable to Ms. Henderson, Defendants argue Sheriff Glanz had no notice of a risk of assault because there had been no documented instances of inmate-on-inmate assault in the Jail.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [26149:26410] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

instead, we lack jurisdiction only if our review would require second-guessing the district court’s determinations of evidence sufficiency.”
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [19245:19385] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

We lack jurisdiction over Sheriff Glanz’s interlocutory appeal because it “would require second-guessing the district court’s determinations of evidence sufficiency.”
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [27363:27529] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Because it instéad challenges the district court’s factual determinations, we lack jurisdiction over DO Johnson’s appeal.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [22132:22253] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015Collateral-order appellate jurisdiction over interlocutory qualified-immunity denials (Mitchell v. Forsyth; Johnson v. Jones)satisfied
Excluded from merits counts
applied / procedural

basis: law; party: Detention Officer Thomas (his appeal); subject: party=Detention Officer Thomas (his appeal)

qualified-immunity-appeal/district-court-facts-blatantly-contradicted-by-record
“Second, when the ‘version of events’ the district court holds a reasonable jury could credit ‘is blatantly contradicted by the record,’ we may assess the case based on our own de novo view of which facts a reasonable jury could accept as true.”
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [21067:21312] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

These undisputed record facts blatantly contradict the district court’s factual determination that DO Thomas could have been subjectively aware of a substantial risk of bodily harm to Ms. Henderson.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [28197:28395] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case

interpretation

instead, we lack jurisdiction only if our review would require second-guessing the district court’s determinations of evidence sufficiency.”

/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015

instead, we lack jurisdiction only if our review would require second-guessing the district court’s determinations of evidence sufficiency.”
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [19245:19385] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Under Johnson v. Jones (515 U.S. 304 (1995)) and Scott v. Harris (550 U.S. 372 (2007)), a court of appeals on interlocutory appeal from a denial of summary judgment on qualified immunity reviews abstract questions of law (taking the district court's assumed facts as true unless blatantly contradicted by the record).

interpretation

“Second, when the ‘version of events’ the district court holds a reasonable jury could credit ‘is blatantly contradicted by the record,’ we may assess the case based on our own de novo view of which facts a reasonable jury could accept as true.”

/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015

“Second, when the ‘version of events’ the district court holds a reasonable jury could credit ‘is blatantly contradicted by the record,’ we may assess the case based on our own de novo view of which facts a reasonable jury could accept as true.”
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [21067:21312] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Under Johnson v. Jones (515 U.S. 304 (1995)) and Scott v. Harris (550 U.S. 372 (2007)), a court of appeals on interlocutory appeal from a denial of summary judgment on qualified immunity reviews abstract questions of law (taking the district court's assumed facts as true unless blatantly contradicted by the record).

interpretation

instead, we lack jurisdiction only if our review would require second-guessing the district court’s determinations of evidence sufficiency.”

/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015

instead, we lack jurisdiction only if our review would require second-guessing the district court’s determinations of evidence sufficiency.”
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [19245:19385] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Procedural preservation rule applied in § 1983 appeals.

interpretation

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.

/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015

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.
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [31902:32154] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Two-prong test (which courts may address in either order under Pearson v. Callahan, 555 U.S. 223 (2009)): (1) whether the official violated a federal statutory or constitutional right, and (2) whether the unlawfulness of the conduct was "clearly established" at the time so as to give fair warning (Hope v. Pelzer; Mullenix v. Luna).

interpretation

the Supreme Court has admonished “not to define clearly established law at a high level of generality,”

/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015

the Supreme Court has admonished “not to define clearly established law at a high level of generality,”
Source: docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [34744:34847] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.

Two-prong test (which courts may address in either order under Pearson v. Callahan, 555 U.S. 223 (2009)): (1) whether the official violated a federal statutory or constitutional right, and (2) whether the unlawfulness of the conduct was "clearly established" at the time so as to give fair warning (Hope v. Pelzer; Mullenix v. Luna).