Shannon v. Lester

• Decision Date: 08 July 1975
• Docket Number: No. 74-2171,74-2171
• Citation: 519 F.2d 76
• Parties: Richard Wayne SHANNON, Plaintiff-Appellee, v. Bill LESTER et al., Defendants-Appellants.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 76

519 F.2d 76

Richard Wayne SHANNON, Plaintiff-Appellee, v. Bill LESTER et al., Defendants-Appellants.

No. 74-2171.

United States Court of Appeals Sixth Circuit.

July 8, 1975.

Clinton H. Swafford, Swafford, Davis & Peters, Winchester, Tenn., for defendants-appellants.

H. Thomas Parsons, J. Stanley Rogers, Manchester, Tenn., for plaintiff-appellee.

Before WEICK, CELEBREZZE and ENGEL, Circuit Judges.

WEICK, Circuit Judge.

The suit in the District Court was brought under the Civil Rights Act, for damages against a State Highway Patrolman, the Sheriff of Warren County, Tennessee, and his Deputy. 28 U.S.C § 1343 and 42 U.S.C. § 1983. The plaintiff recovered judgment upon the verdict of the jury for compensatory damages in the amount of $10,000. The defendants have appealed, asserting that the verdict was excessive; that the Court erred in its instructions to the jury on the issue of damages; and that the Court erred in refusing to direct a verdict in favor of the defendants. We reverse and remand for a new trial solely on the issue of compensatory damages.

The facts concerning the occurrence were very much in dispute. Shannon testified that after he finished work one afternoon, he and several companions went fishing and were so engaged from about 5:30 o'clock p. m. until midnight. He drove one of his companions home in his automobile, and then proceeded on the highway toward his own home, driving about 55 to 60 miles per hour. He testified that he drove off the highway to avoid a collision with another automobile approaching from the opposite direction, and went over a ditch and collided with a tile culvert. There was no contact between the two automobiles and the other automobile did not stop.

Following the accident two men arrived at the scene. Shannon did not ask either of the men to call an ambulance, or to take him to the hospital. He did ask one of the men to help pull his car out, and also to drive him to Manchester, but the man declined. The men told Shannon that the police should be called, and one of them did arrange for the call.

State Highway Patrolman Lester arrived about one-half hour after the accident. He smelled intoxicants on the breath of Shannon, and observed slurring in Shannon's speech. He asked Shannon to walk and Shannon had difficulty in doing so. Lester then arrested Shannon for driving while intoxicated.

The validity of the arrest has not been disputed.

Lester then drove Shannon to the Warren County jail.

Shannon testified that he requested Lester to take him to the Warren County hospital, which is located only one mile from the jail, but that Lester declined to do so; that he made a similar request of Deputy Sheriff Lance, at the jail, and also that he requested permission to use the telephone, but that he was refused.

At the jail Shannon submitted to a balloon test to determine alcoholic content, and was found to have 16%, (sic) and he was then placed in the drunk tank. Shannon had testified that he had only two beers and a sandwich.

Lester and Lance each denied that they refused to take Shannon to the hospital. They testified that they offered to take him to the hospital and that he declined their invitation. Lance further testified that he offered Shannon permission to use the telephone, but that Shannon declined. He also testified that there was a sign on the wall at the jail indicating permission to use the telephone.

A city policeman later arrived at the jail, and drove Shannon to the hospital at about 5:30 o'clock in the morning.

Dr. Gaw testified by way of deposition taken by the plaintiff, which was read into evidence. He testified on direct examination that he saw plaintiff around six o'clock a. m., and that he sutured the cuts on the side of Shannon's head and on his face. The Doctor testified at great length concerning the injuries which Shannon received when his car struck the tile culvert. The injuries consisted of a fractured right ulna with displacement, a fracture of a bone in the nose with no displacement, and bruises. He said that no shots were administered to Shannon to relieve pain until about 7:30 o'clock in the evening, although Shannon received some medication for pain prior to that time.

Dr. Gaw testified that in order to set the fracture of the ulna a metal pin was inserted at the elbow. X-rays were taken some time after the operation, which showed the bones were in excellent alignment, with no dislocation. It was not necessary to do anything with respect to the fracture of the bone in the nose.

There was proof that the officers had no way of knowing that plaintiff was suffering from a fractured ulna with displacement, or a fractured nose. Even Dr. Gaw did not know definitely until the x-rays were taken.

Relative to pain, Dr. Gaw testified that in his opinion Shannon suffered only the average amount of pain usually due to fractures. Shannon spent six days in the hospital before he was discharged.

Practically the entire direct examination of Dr. Gaw by the plaintiff was devoted to a description of the nature of the personal injuries sustained by Shannon when his automobile ran into the tile culvert, and Shannon's treatment at the hospital.

No questions were addressed to the doctor by plaintiff's counsel as to whether any of the injuries were permanent, whether he would suffer pain, or incur medical expense in the future, or whether the five and one-half hours' delay while Shannon was in jail in any way aggravated his injuries. During the delay in jail Shannon did suffer pain, but he also suffered pain during the delay in the hospital.

On cross-examination of Dr. Gaw, defense counsel did bring up the subject of aggravation, asking the following question:

Based upon your medical opinion, did the delay of some hours in this boy's treatment cause him any added injury other than probably some possible swelling and soreness?

A What he had, of course, was fractures and lacerations, contusion of his chest, abrasions. Other than the pain that he had and swelling of course, there was some more swelling of his arm I don't think of anything here that would have really given him a lot of make the situation a lot worse. (A. 146)

In our opinion a person detained in custody is entitled to medical treatment when necessary on account of illness or injury, and refusal of prison authorities, with knowledge of the condition, to provide medical treatment may constitute a violation of the due process clause of the Fourteenth Amendment. Fitzke v. Shappell, 468 F.2d 1072 (6th Cir. 1972).

Resolution of the issue of liability involved disputed facts and was for the jury to decide. The District Court did not err in denying the motion for a directed verdict. As before stated, it was not disputed that the arrest was lawful. Shannon was bound over to the Grand Jury by the General Sessions Court but the Grand Jury returned a no bill.

It is clear that plaintiff cannot recover against the defendants for any of the injuries which he sustained as a proximate result of his propelling his automobile into the tile culvert. He was arrested around midnight for driving while intoxicated, and was taken to the county jail where he remained for only five and one-half hours. He could not very well be taken before a Magistrate until the following morning.

Plaintiff, therefore, cannot recover damages for his arrest. He can recover damages only for any aggravation of his pre-existing injuries, or for pain and suffering proximately caused by any unreasonable delay in taking him to the hospital.

On this subject plaintiff testified that he repeatedly requested the officers to take him to the hospital, but this was denied by the officers. The two men who arrived at the scene of the accident and who were disinterested witnesses testified that they did not hear Shannon make any such request of State Highway Patrolman...