Swatek v. County of Dane

• Decision Date: 24 April 1995
• Docket Number: No. 92-1902,92-1902
• Citation: 192 Wis.2d 47,531 N.W.2d 45
• Parties: William J. SWATEK, Plaintiff-Appellant, v. COUNTY OF DANE and Richard Raemisch, Sheriff, Defendants-Respondents-Petitioners, County of Juneau, Orlando Bellini, Sheriff and City of Elroy, Defendants-Respondents, Steven L. Owen, William F. McCreedy, Lynn Almquist, Monona Grove Clinic, S.C., Wisconsin Municipal Mutual Insurance Company, Defendants, Wisconsin County Mutual Insurance Corporation, Defendant-Respondent, Scottsdale Insurance Company, Defendant.
• Court: Wisconsin Supreme Court

Page 45

531 N.W.2d 45

192 Wis.2d 47

William J. SWATEK, Plaintiff-Appellant, v. COUNTY OF DANE and Richard Raemisch, Sheriff,

Defendants-Respondents-Petitioners,

County of Juneau, Orlando Bellini, Sheriff and City of

Elroy, Defendants-Respondents,

Steven L. Owen, William F. McCreedy, Lynn Almquist, Monona

Grove Clinic, S.C., Wisconsin Municipal Mutual

Insurance Company, Defendants,

Wisconsin County Mutual Insurance Corporation, Defendant-Respondent,

Scottsdale Insurance Company, Defendant.

No. 92-1902.

Supreme Court of Wisconsin.

Argued Jan. 10, 1995.

Decided April 24, 1995.

For the defendants-respondents-petitioners there were briefs by John M. Moore, David J. Pliner and Bell, Metzner, Gierhart & Moore, S.C., Madison and oral argument by John M. Moore.

For the plaintiff-appellant there was a brief and oral argument by Jeffrey D. Knickmeier, Stoughton.

Amicus curiae brief was filed by Charles D. Hoornstra, Asst. Atty. Gen., with whom on the brief was James E. Doyle, Atty. Gen WILCOX, Justice.

This is a review of an unpublished decision of the court of appeals. The court of appeals reversed a circuit court ruling wherein Juneau County Circuit Court Judge Wallace A. Brady dismissed William J. Swatek's state-law negligence claim against Dane County and its sheriff, Richard Raemisch (Petitioners). On review, we consider the following issues:

1. What was the legislature's intent in enacting sec. 302.38(1), STATS.?

2. Did the court of appeals err in reversing the trial court's finding that the undisputed facts established as a matter of law that Petitioners discharged their duties under sec. 302.38(1), STATS.? ¹

We conclude that the unambiguous language of sec. 302.38(1) mandates that although prisoners must be provided appropriate medical care or treatment when necessary, sheriffs or other jail keepers have discretion as to how to provide that care or treatment. We further conclude that the circuit court was correct in its determination that the undisputed facts established as a matter of law that Petitioners had discharged their duties pursuant to sec. 302.38(1); therefore, we reverse the court of appeals.

On December 10, 1990, Swatek appeared for a hearing before Dane County Circuit Court Judge Moria Krueger in connection with a prior felony conviction. When Swatek arrived for his court appearance he informed his attorney, Jeffrey Knickmeier, that he was experiencing pain in his right side. Knickmeier advised Judge Krueger of Swatek's complaint and she asked Swatek if he would like to postpone the hearing to a later date. Swatek stated that he would prefer to just "get it over with." Consequently, the hearing proceeded as scheduled.

As Swatek and Knickmeier left Judge Krueger's courtroom, two Dane County Sheriff's Department deputies approached Swatek and informed him that he was being placed under arrest based on an outstanding warrant from the Elroy Police Department. Knickmeier protested that Swatek was suffering from an apparent attack of appendicitis and that they were on their way to the hospital for treatment. The deputies took Swatek into custody and escorted him to the booking area of the Dane County Jail. Once at the booking area, one of the arresting deputies informed the booking officer that Swatek was complaining of an apparent attack of appendicitis. After Swatek was booked into the Dane County Jail, the booking officer then contacted William McCreedy, the nurse on duty at the jail. Swatek was held in the jail bullpen until McCreedy arrived some ten minutes later.

McCreedy is an employee of the Monona Grove Clinic, S.C. Dane County and the Clinic had previously entered into an agreement whereby the Clinic was to provide physician, nursing, pharmacy, x-ray, and laboratory services for the Dane County Jail. The policy of the Dane County Sheriff's Department is to contact the Clinic personnel on duty in the jail whenever Sheriff's Department personnel "feel that an inmate is in need of emergency medical care."

Swatek was conveyed to an examining room where he was examined by McCreedy. McCreedy palpated Swatek's abdomen and raised his leg in an effort to determine whether Swatek was in any pain in the area of the appendix. McCreedy asked Swatek to tell him if there was any pain during the examination. The record reveals conflicting testimony as to whether Swatek made any comments during the examination. ² In any event, McCreedy stated to the deputy on duty that he believed Swatek could remain in custody without any medical attention because "he's got 24 hours." Consequently, Swatek was placed in a cell while awaiting his transport to Juneau County for resolution of the outstanding warrant from Elroy. During his time in the cell, Swatek did not request any medical attention, nor did he make any complaints about his condition.

Swatek was transported from the Dane County Jail to the Juneau County Jail by City of Elroy police officers at approximately 5:45 p.m., slightly less than two hours after he was arrested. Swatek was booked into the Juneau County Jail at approximately 7:25 p.m. He was released at around noon on the following day. Approximately seven hours later that day, Swatek sought medical care for his abdominal pain. Swatek was diagnosed as having an attack of appendicitis and his appendix was surgically removed.

On August 30, 1991, Swatek filed suit against Dane County and its sheriff--Richard Raemisch, Juneau County and its sheriff--Orlando Bellini, and the City of Elroy. ³ Swatek asserted a number of claims as to why these defendants were negligent in the handling of the situation. He also alleged that the defendants had violated his civil rights. The defendants filed summary judgment motions requesting that the claims be dismissed. The circuit court, Judge Brady presiding, granted summary judgment in favor of the defendants in a written decision dated April 29, 1992. The circuit court concluded "the facts establish that the defendants discharged their duties pursuant to Section 302.38, Wis.Stats., [and therefore] the plaintiff's negligence claims should be dismissed." The circuit court also concluded that Dane County, Juneau County, and the City of Elroy were entitled to immunity under sec. 893.80(4), STATS. Finally, the circuit court concluded that summary judgment in favor of the defendants was appropriate on the issue of Swatek's civil rights claim.

Swatek sought review in the court of appeals. The court of appeals affirmed the dismissal of Swatek's civil rights claims and the dismissal of Swatek's negligence claims against all the defendants except Petitioners. ⁴ As to Petitioners, the court of appeals concluded that the circuit court had erred regarding the duty owed under sec. 302.38(1), STATS. The court also concluded that Petitioners could be held vicariously liable for Nurse McCreedy's alleged negligent examination and diagnosis of Swatek. ⁵ Finally, the court reversed the circuit court's holding that the undisputed facts showed Petitioners had, as a matter of law, provided appropriate care and treatment to Swatek. The court based its decision on Swatek's allegations that he was suffering from "evident" symptoms of appendicitis which jail personnel ignored. Petitioners subsequently filed a petition for review in this court, which was granted May 11, 1994.

Swatek's state-law claims against Petitioners are based on negligence. In order to prove negligence, Swatek must first prove that Petitioners owed him a duty. Schicker v. Leick, 40 Wis.2d 295, 299, 162 N.W.2d 66, 69 (1968). Petitioners concede that they owed Swatek a duty pursuant to sec. 302.38(1), STATS. The dispute is over the extent of that duty. Consequently, our first task in this case is to examine Petitioners' obligations as prescribed by sec. 302.38(1). This task requires that we interpret the statute. The interpretation and application of a statute to a given set of facts are questions of law that this court reviews de novo. Braatz v. LIRC, 174 Wis.2d 286, 293, 496 N.W.2d 597, 600 (1993); State ex rel. Town of Delavan v. Circuit Court for Walworth County, 167 Wis.2d 719, 723, 482 N.W.2d 899, 900-01 (1992).

This court recently set out the statutory interpretation process:

The aim of all statutory interpretation is to discern the intent of the legislature. In ascertaining a statute's meaning, our first inquiry is to the plain language of the statute. If the language of the statute clearly and unambiguously sets forth the legislative intent, it is the duty of the court to apply that intent to the case at hand and not look beyond the statutory language to ascertain its meaning.

Doe v. American Nat. Red Cross, 176 Wis.2d 610, 616, 500 N.W.2d 264, 266 (1993) (citations omitted); see also Redevelopment Authority of the City of Green Bay v. Bee Frank, Inc., 120 Wis.2d 402, 409, 355 N.W.2d 240, 243 (1984) (primary objective in the interpretation of a statute is to ascertain and give effect to the intent of the legislature). Further, "[a]ll words and phrases shall be construed according to common and approved usage; but technical words and phrases and others that have a peculiar meaning in the law shall be construed according to such meaning." See sec. 990.01(1), STATS. Only when the statutory language is found to be ambiguous does this court need to examine the scope, history, context, subject matter, and object of the statute in discerning the intent of the legislature. Cynthia E. v. La Crosse County Human Serv. Dept., 172 Wis.2d 218, 225, 493 N.W.2d 56, 59 (1992). Finally, when construing a statute, we must interpret it in such a way as to avoid absurd or unreasonable results. Ann M.M. v. Rob S., 176 Wis.2d 673, 679, 500 N.W.2d 649, 652 (1993).

Section 302.38(1), STATS., provides:

If a prisoner needs medical or hospital care or is intoxicated or incapacitated by alcohol the sheriff or other keeper of the jail shall provide appropriate care or treatment and may transfer the prisoner to a...