DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111178P.pdf 06/22/2012 Sherry Luckert v. Dodge County
U.S. Court of Appeals Case No: 11-1178
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Riley, Author, with Beam and Bye, Circuit Judges]
Civil case - civil rights. Defendants were entitled to judgment as a
matter of law on plaintiff's claim that they were deliberately indifferent to
her decedent's medical needs as both defendant Julian and defendant
Campbell were entitled to qualified immunity; while defendant Julian may
have been negligent in certain actions she took, such as downgrading the
deceased from a twenty-minute to a thirty-minute suicide watch, her
actions did not constitute deliberate indifference when viewed in the
context of the affirmative, deliberate steps she took to prevent his suicide
while he was incarcerated at the Dodge County Jail; under defendant
Campbell's management of the jail, it had it in place a practice where
inmates at risk of committing suicide were identified, put on suicide
watch, given medical attention by a registered nurse and, if necessary, a
contract psychologist; as a result, defendant Campbell was entitled to
qualified immunity; Dodge County was also entitled to judgment as a
matter of law as none of the alleged deficiencies in its procedures and
practices demonstrated that the County had a custom, policy or practice
violating the deceased's constitutional rights and causing his suicide.
Judge Bye, dissenting.