Estate of Miller v. Tobiasz

Dist. Ct. did not err in denying motion to dismiss by certain defendants-prison guards and others at prison facility alleging qualified immunity in section 1983 action, claiming that plaintiff's decedent committed suicide in prison facility after defendants acted with deliberate indifference to decedent's serious medical condition involving long history of suicide attempts and mental illness. Complaint contained allegations that defendants had actual knowledge that decedent was suicide risk, and that defendants either failed to communicate said risks to others, failed to take reasonable steps to prevent instant suicide and/or delayed taking any action to assist decedent once defendants discovered decedent on floor of his cell. (Partial dissent filed.)