Richko v. Wayne Cnty.

• Citation: 819 F.3d 907
• Decision Date: 15 April 2016
• Docket Number: No. 15–1524.,15–1524.
• Parties: Linda RICHKO, as Personal Representative of the Estate of Jeffrey Horvath, Plaintiff–Appellee, v. WAYNE COUNTY, MICHIGAN ; April Williams; Larry Cameron ; Andre Stinson, Defendants–Appellants.
• Court: United States Courts of Appeals. United States Court of Appeals (6th Circuit)

819 F.3d 907

Linda RICHKO, as Personal Representative of the Estate of Jeffrey Horvath, Plaintiff–Appellee,
v.
WAYNE COUNTY, MICHIGAN ; April Williams; Larry Cameron ; Andre Stinson, Defendants–Appellants.

No. 15–1524.

United States Court of Appeals, Sixth Circuit.

Argued: March 9, 2016.
Decided and Filed: April 15, 2016.
Rehearing En Banc Denied May 18, 2016.

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ARGUED:Aaron C. Thomas, Wayne County, Detroit, Michigan, for Appellants. Steven F. Fishman, Detroit, Michigan, for Appellee. ON BRIEF:Aaron C. Thomas, Wayne County, Detroit, Michigan, for Appellants. A. Vince Colella, Southfield, Michigan, for Appellee.

Before: CLAY, GILMAN, and GRIFFIN, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Jeffrey Horvath died on September 21, 2011 after being beaten and stabbed by cellmate Brandon Gillespie inside the mental-health ward of Michigan's Wayne County Jail. Linda Richko, as the personal representative of Horvath's estate, filed this lawsuit under 42 U.S.C. §§ 1983, 1985, 1986, and 1988. She alleged that Wayne County and jail personnel Larry Cameron, Andre Stinson, and April Williams were

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deliberately indifferent to Horvath's safety, in violation of his Fourth, Eighth, and Fourteenth Amendment rights. Specifically, Richko alleged that the defendants knew or should have known that Gillespie's dangerous and violent propensities presented a substantial risk of serious harm to Horvath, but disregarded that risk by (1) allowing Gillespie to be placed in Horvath's cell, and (2) failing to adequately respond to the ensuing assault.

The district court denied summary judgment to all of the defendants, concluding that a genuine dispute existed regarding whether Wayne County and the individual defendants violated Horvath's constitutional rights by disregarding a substantial risk of serious harm to Horvath. The individual defendants have filed this interlocutory appeal on the basis of qualified immunity. Wayne County has also appealed, asserting pendent jurisdiction. For the reasons set forth below, we AFFIRM the judgment of the district court with regard to the individual defendants and DISMISS Wayne County's interlocutory appeal for lack of jurisdiction.

I. BACKGROUND

A. Assault on Horvath

On September 13, 2011, the police in Dearborn, Michigan arrested Horvath based on an outstanding warrant for a nonviolent misdemeanor. Horvath was later booked at the Wayne County Jail. Officials noted that Horvath had undergone prior mental-health treatment and accordingly placed him in "4SW," the jail's mental-health unit. Unable to post bail, Horvath remained in 4SW for eight days.

On the evening of September 20, Horvath requested that he be moved out of his original cell due to a malfunctioning toilet. He was then placed in cell 14 of 4SW. A short time later, Gillespie was placed in the same cell. The two spent the night in cell 14 without apparent incident.

On the morning of September 21, approximately an hour before the attack took place, Horvath was scheduled for an x-ray examination. Deputy Stinson, who was manning the ward's duty station, said that at approximately 7:40 a.m., he "flick[ed] the lights" on and off in cell 14 to get Horvath's attention. He then "yell[ed] through the sally port slot" of the duty station to summon Horvath from his cell. After Stinson remotely opened the cell door, Horvath stepped to the "outside of [the] duty station in front of the ... wire window." Stinson later stated that, upon exiting the cell, Horvath "was outside in the hallway" and "off the ward completely."

When Stinson informed Horvath that it was time for his x-ray, Horvath protested. He asked if the x-ray was really necessary, noting that he anticipated "getting out tomorrow." Stinson then called down to the medical unit and learned that Horvath's protest was moot because the x-ray had in fact been cancelled. Notably, during this conversation with Stinson, Horvath expressed no concerns about being housed with Gillespie. Stinson then directed Horvath to return to cell 14 at approximately 7:44 a.m.

That same morning, Gillespie began experiencing auditory hallucinations. He said that voices were "having sex, yelling at [him], [and] trying to make deals with [him]," which caused him to become aroused. Sometime between 8:34 a.m. and 9 a.m., the Complaint alleges that, as a result of these hallucinations, Gillespie assaulted Horvath "by punching him in the head and face several times, delivering blows to his face with his foot and knee, stabbing him multiple times in the face with a pencil, and sodomizing him either pre- or post-mortem, causing serious injuries

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resulting in his death." Gillespie later told investigators that he was angered by Horvath, whom he believed "was trying to be gay."

Several inmates housed in 4SW during this time reported hearing a series of loud "thumps" coming from Horvath's cell and seeing water flowing out of the cell into the ward. Due to the fact that solid walls separate one cell from the next, they were unable to see into Horvath's cell. One inmate heard banging and a voice yelling: "Let me out. Let me out." Another inmate grew concerned about the banging and called out to Horvath to ask if he was okay. Gillespie shouted back: "Stay out of this or I'll [f* * *ing] kill you."

Nurse April Williams, who had been administering medication to inmates in 4SW during this time, arrived at cell 14 at approximately 8:50 a.m. and found Gillespie standing at the bars with his genitals exposed. According to Williams's deposition, Gillespie made lewd comments and asked her if his penis was "infected." Williams saw no sign of Horvath in the cell. She then notified Stinson, again at approximately 8:50 a.m., that she had been unable to locate Horvath.

At approximately 9:00 a.m., Stinson called another officer to assist him so that he could enter the ward. Stinson's deposition does not explain the ten-minute delay in responding to Williams's notification that Horvath was missing. When he entered the ward, Stinson found Gillespie standing at the front of cell 14. He also noticed water on the floor of the cell, a blanket shoved into the toilet, and two mattresses stacked on top of each other. Stinson entered the cell and found Horvath's body sandwiched between the mattresses. According to the Complaint, Horvath was "hemorrhaging blood between the scalp and skull into both jaws," and his "eyes were bloody and swollen, with multiple puncture wounds around the eyes, the bridge of the nose, and his lip pushing into his teeth." Stinson called for another guard in the duty station to sound a medical alert. Williams, who was either standing outside the ward or in a meeting, then reentered the ward with another nurse and began administering CPR. Efforts to resuscitate Horvath were unsuccessful, and he was declared dead at 9:29 a.m.

B. Gillespie's intake and medical examinations

On September 19, 2011, Gillespie was arrested for felonious assault after allegedly threatening a bus driver with a knife. He was brought to the Wayne County Jail, where he underwent several screening interviews over the course of the night and the following day. Because Gillespie had not been previously housed in the Jail, there were no internal records regarding his mental-health history. But, as discussed below, Gillespie did report to the medical staff that he had both bipolar disorder and schizophrenia, and that he had not taken his prescribed medications for six days.

Gillespie was first booked by Matthew Mears, who logged Gillespie's basic information into the Jail's Inmate Management System. He was then examined by medical assistant Dawn Benette to determine whether he posed a risk to himself or others. Benette documented the examination by completing an "intake form" in which she asked Gillespie to describe his past medical history. Gillespie self-reported that he was being treated for bipolar disorder and schizophrenia. He denied any drug use. Benette noted that Gillespie was "acting very strange" and referred him to the mental-health department for further screening.

Gillespie was next examined by registered nurse Renella Thomas in the early

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hours of September 20. Thomas observed that Gillespie appeared clean, cooperative, and neat, and that his mood was stable. Like Benette, Thomas asked Gillespie to self-report his mental state. He denied having any homicidal or suicidal thoughts or hallucinations. Gillespie also said that he had been prescribed medication for his bipolar disorder and schizophrenia but did not have any with him. Although she was aware that Gillespie was not taking his medications, Thomas failed to request that Gillespie be prescribed anything for his conditions. Thomas concluded that Gillespie was not a danger to himself, but she nevertheless recommended that Gillespie be given a mental-status examination (MSE) at some point. She concluded that Gillespie could be housed in the jail's general population until the MSE.

At approximately 6:30 p.m. on...