Dist. Ct. erred in denying defendants-correctional officers’ motion for summary judgment alleging that they were entitled to qualified immunity with respect to plaintiff-deceased detainee’s section 1983 action alleging that defendants violated his 4th Amendment rights by placing him in jail cell under circumstances where: (1) he was highly intoxicated; (2) particular jail cell required that he use top bunk; and (3) he fell out of top bunk, which caused his paralysis and eventual death. Plaintiff failed to show existence of applicable case law establishing that placement in instant cell was objectively unreasonable. Moreover, record showed that plaintiff’s intoxication did not necessarily indicate that giving plaintiff upper bunk was patently unreasonable, since: (1) plaintiff was communicating with defendants and was moving around under his own capacity prior to being left in cell; and (2) defendants could believe that any impairment from plaintiff’s intoxication would eventually decrease with time. Also, plaintiff’s own conduct in deciding to sleep in upper bunk rather than taking mattress down and sleeping on floor as told to him by one defendant could have been intervening factor in plaintiff’s injuries.
Federal 7th Circuit Court
Civil Court
Qualified Immunity