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DWAYNE GREENE, Deceased,
Plaintiff,
CHERYL GREENE, Personal Representative of the Estate of
Dwayne Greene, Deceased,
Plaintiff-Appellee/Cross-Appellant,
Plaintiff-Appellant (20-1741),
v.
CRAWFORD COUNTY, MICHIGAN; RANDELL BAERLOCHER;
RENEE CHRISTMAN; KATIE TESSNER; TIMOTHY STEPHAN;
AMY JOHNSON; ESTATE OF KIRK WAKEFIELD, Deceased,
Defendants-Appellants/Cross-Appellees,
NORTHERN LAKES COMMUNITY MENTAL HEALTH
AUTHORITY; NANCI KARCZEWSI; STACEY KAMINSKI;
LARRY FOSTER; DALE SUITER; DONALD STEFFES; WILLIAM
SBONEK; JOEL AVALOS; DAVID NIELSON; SHON
CHMIELEWSKI,
Defendants-Appellees (20-1741). |
Nos. 20-1715/1741 |
Appeal from the United States District Court for the Eastern District of Michigan at Bay City.
No. 1:18-cv-11008—Thomas L. Ludington, District Judge.
Argued: December 8, 2021
Decided and Filed: January 4, 2022
Before: McKEAGUE, GRIFFIN, and KETHLEDGE, Circuit Judges.
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OPINION
_________________________
McKEAGUE, Circuit Judge. Dwayne Greene was booked into the Crawford County Jail
on a Monday afternoon after having his bond revoked for attending a plea hearing while
intoxicated. Over the next few days, Greene began hallucinating and exhibiting other symptoms
of delirium tremens, a life-threatening complication of alcohol withdrawal that we have long
recognized is an objectively serious medical need. See Kindl v. City of Berkley, 798 F.3d 391,
401 (6th Cir. 2015). On Friday morning, Greene suffered acute respiratory failure. He died four
days later. Crawford County officials did not provide any medical care to Greene prior to his
incapacitation. Instead, they sought only a mental health evaluation from the Northern Lakes
Community Mental Health Authority and purportedly relied on that evaluation in deciding not to
seek medical assistance.
Greene’s estate filed this suit under 42 U.S.C. § 1983, claiming that several jail officials
were deliberately indifferent to Greene’s medical need and that Crawford County is liable for
maintaining an unconstitutional policy of not providing medical care to inmates suffering from
delirium tremens. The estate also brought the same claims against the mental health authority
and its employees. The district court denied qualified immunity at summary judgment to some
of the county officials and denied summary judgment to Crawford County on the estate’s
municipal-liability claim. The county officials and Crawford County bring this interlocutory
appeal, and the estate cross-appeals. For the following reasons, we affirm in part, reverse in part,
and dismiss for lack of appellate jurisdiction Crawford County’s appeal on the estate’s
municipal-liability claim. |
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