Hood v. Itawamba County, Miss.
| Decision Date | 22 April 1993 |
| Docket Number | No. EC91-302-D-D.,EC91-302-D-D. |
| Parties | Larry HOOD, Administrator of the Estate of David Dwayne Hood, Deceased, Plaintiff, v. ITAWAMBA COUNTY, MISSISSIPPI, Defendant. |
| Court | U.S. District Court — Northern District of Mississippi |
Barry Walker, Tupelo, MS, for plaintiff.
William Ready, Meridian, MS, for defendant.
This is a cause of action pursuant to 42 U.S.C. § 1983 () in a case set for trial before the undersigned in the near future. The suit is brought by the estate of David Dwayne Hood, a 21 year old man who committed suicide on November 6, 1990, while incarcerated in the Itawamba County jail. Federal question jurisdiction is invoked by the alleged deprivation of the decedent's Eighth and Fourteenth Amendment rights of the United States Constitution. The complaint alleges that Mr. Leland Taylor, former sheriff of Itawamba County and as a policymaker in his official capacity, deprived the decedent of constitutionally protected rights in the following ways:1
In addition to the cause of action based upon § 1983, the estate also asserts a pendent state claim under the Mississippi Wrongful Death Statute, Miss.Code Ann. § 11-7-13 (Supp.1992). At this point in time, the period for discovery has passed, and the defendant, Itawamba County (hereinafter "county"), has moved for summary judgment as to all claims. After careful consideration of the record and a review of the relevant case law,2 the court is of the opinion that the county's motion for summary judgment on the federal claim is well taken, and the same is hereby granted. Since the claims upon which this court has original jurisdiction are being dismissed, the state claims will be dismissed without prejudice so that such claims may be pursued in state court in litigation currently pending. The court reaches this result by application of the case law to the facts of this case. As in all cases, the court begins with the facts which furnish the framework for analysis of the legal issues implicated in this § 1983 lawsuit.
By all accounts, David Dwayne Hood led an uneventful life as a child and teenager. David's formative years were spent in Wisconsin, but he moved to Mississippi in 1981 to live with his father's family following the divorce of his parents. From the time that David moved to Mississippi in 1981 and until his death on November 6, 1990, he lived with his paternal grandmother in Fulton, Mississippi. David's father and stepmother also lived nearby in the vicinity of Fulton. The record reveals that in May of 1986, when David was 17 years old, he was involved in a motorcycle accident which resulted in a head injury. Several medical notations in the record show that David was diagnosed by physicians as having "brain damage" following the May 1986 motorcycle accident. The motorcycle accident earmarked the beginning of David's problems. From early 1988 until his death in November of 1990, David's conduct and behavior can best be described as incorrigible. In a span of approximately two and a half (2½) years, David was arrested nine (9) times. A summary of David's arrest record appears below.
March 1, 1988 — Disorderly Conduct
August 9, 1988 — Causing a Disturbance
July 6, 1989 — Causing a Disturbance
September 6, 1989 — Public Drunk
February 5, 1990 — Simple Assault
March 22, 1990 — Public Drunk
March 25, 1990 — Contributing to
Delinquency of a Minor
June 25, 1990 — D.U.I. & Reckless Driving
November 6, 1990 — Simple Assault
As the arrest record indicates, David's problems were often associated with alcohol abuse, and the assaults and disturbances usually involved incidents with his grandmother, father and stepmother. In addition to the numerous arrests, there were two other events in David's life which are noteworthy for the purposes of this case. In March of 1988, David's grandmother, Pauline Hood, submitted an affidavit and application for commitment for David to the state hospital for mental health located in Whitfield, Mississippi. In the affidavit/application, notations were entered that David had threatened to kill himself and had assaulted his grandmother. Other remarks in the application for commitment refer to a violent temper and his motorcycle accident in May of 1986. Following the application for commitment, the Itawamba County Chancery Court issued an Order of Commitment to the state hospital on March 10, 1988.3 Consequently, David was transported and admitted to the state hospital for evaluation, diagnosis, and treatment. In the deposition testimony of Deputy Sheriff Kenneth Knight, Officer Knight stated that he remembered transporting David to the state hospital. However, Officer Knight also stated that he was unaware of the contents of David's commitment papers. Furthermore, Sheriff Leland Taylor also testified that he remembered that David was the subject of a commitment proceeding, but he knew nothing of the details or reasons for the commitment. The commitment papers are contained in a sealed envelope and are delivered to the receiving personnel at the hospital. The law enforcement officers responsible for custody and transport see only the "writ of custody" which does not furnish any details regarding the reasons for commitment.4
Approximately one month after the commitment, David was discharged from the state hospital on April 9, 1988. The certificate of discharge stated that David no longer posed a substantial threat of physical harm to himself or others and that he could be treated in a less restrictive environment. The release referred David to his local mental health clinic, and he was continued on two medications.5 In the blank space on the certificate of discharge under the heading, "Diagnosis of Patient," the following notations were entered, "organic personality syndrome ... closed head injury."
The second significant event occurred four months later in August of 1988. On August 12, 1988, David's stepmother, Ms. Tami Hood, filed another application/affidavit for commitment on David. In support of the application, Ms. Hood entered the following remarks:
Respondent threatens to kill self and/or others; goes out all hours of night and roams on other people's property & sits on their porches; chokes grandmother calls her obscene names in front of others, slaps her around. Respondent is violent and is in immediate need of attention.6
Again, David's commitment proceeding followed the usual course,7 and on August 25, 1988, Chancellor James L. Roberts, Jr., entered an Order of Commitment to the Mississippi State Hospital in Whitfield, Mississippi. David's second hospitalization was considerably longer. David was not discharged until May 19, 1989, approximately nine (9) months later. The second discharge also listed David's diagnosis as "organic personality syndrome." As before, David was to receive follow up care at his local community mental health center, and he was continued on one medication.8 Just as the time before, Sheriff Taylor and Officer Knight testified that they remembered that David was transported to the state hospital, but they were unaware of the reasons or details surrounding the commitment since they only saw the "writ of custody," and not the sealed commitment papers.
As the above history reflects, when David was not a patient at the state hospital at Whitfield, he was back in Fulton getting into trouble with family members and the law. According to the record, law enforcement authorities in Itawamba County had eleven (11) "official" contacts with David. The eleven contacts included nine arrests and two brief occasions when David was undergoing commitment proceedings.9 However, in addition to his "official" contacts with law enforcement authorities, there were additional contacts with David on a "social" level. Sheriff Taylor and Officer Knight testified that it was common for David to stop in the county jail and visit with the jail staff. Sheriff Taylor and Officer Knight both described David as a very likeable young man with an affable, outgoing personality during his periods of better behavior.10 David's source of financial support was a social security benefit which he received along with the necessities of life which his grandmother furnished. Occasionally, David would get some spending money from his father. David had been unable to maintain employment for any appreciable length of time.
On the morning of November 6, 1990, David assaulted his grandmother in her home. After the assault, Ms. Hood went to the Justice Court office and filed a criminal affidavit. According to the criminal affidavit which Ms. Hood filed, David pushed her down on the couch and beat her. After filing the affidavit, Justice Court Judge Harold Holcomb issued a warrant for David's arrest on a charge of simple assault. Apparently, the Itawamba County Sheriffs Office received the arrest warrant in the early afternoon of the same day, November 6, 1990. Officer Kenneth Knight testified that he was on patrol in the early afternoon when he received a call about a disturbance that David Hood caused at his grandmother's house. Consequently, Officer Knight went to Ms. Hood's house, but no one was there. Officer Knight left the house and proceeded on his way, but he soon received another radio call that the sheriff's office had an arrest warrant on David Hood and to take him into custody if found. Then, Knight drove by a house where he obser...
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