TT&H Attorneys Scott McCarroll and Matthew Clayberger win summary judgment in death case arising from a prisoner’s suicide.
October 04, 2019
On September 30, 2019, Attorneys Scott McCarroll and Matthew Clayberger won summary judgment for four correctional officers and a nurse. The action was filed after a prisoner committed suicide during his incarceration. The wife of the prisoner filed suit claiming that the correctional officers were recklessly indifferent to the prisoner’s particular vulnerability to suicide. She claimed that her husband had a history of a prior suicide attempt, drug use, marital issues, and the inability to obtain bail for his recent charges. The Court held that the plaintiff failed to establish her husband’s particular vulnerability to suicide and failed to establish that the officers had the requisite knowledge of his alleged vulnerability to suicide. Additionally, the Court granted immunity to the officers and the nurse for a separate claim of medical negligence, doing so pursuant to the Political Subdivision Tort Claims Act.