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JERRY LAWLER, as father, next friend, and personal
representative/administrator of the estate of Brian
Christopher Lawler, Deceased,
Plaintiff-Appellee,
v.
HARDEMAN COUNTY, TENNESSEE,
Defendant,
ELLEN FUTRELL; WILLIAM GONZALEZ; JUDY WIGGINS,
Defendants-Appellants. |
No. 22-5898 |
Appeal from the United States District Court for the Western District of Tennessee at Jackson.
No. 1:19-cv-01174—S. Thomas Anderson, District Judge.
Argued: August 3, 2023
Decided and Filed: February 16, 2024
Before: GIBBONS, LARSEN, and MURPHY, Circuit Judges.
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OPINION
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MURPHY, Circuit Judge. The doctrine of qualified immunity insulates public officials
from liability under 42 U.S.C. § 1983 unless the caselaw existing at the time of their actions
clearly established that they violated the Constitution. There often will not be much difference
between the then-existing law and the current law. As this case shows, however, this distinction
can sometimes matter.
In July 2018, Brian Lawler tragically committed suicide at a county jail. To hold officers
liable for failing to prevent a pretrial detainee’s death at that time, our caselaw required proof
that the officers subjectively believed that there was a strong likelihood the inmate would commit
suicide. See Grabow v. County of Macomb, 580 F. App’x 300, 307–09 (6th Cir. 2014). Today,
however, our court would hold officers liable if they recklessly overlooked a pretrial detainee’s
strong likelihood of suicide—even if they did not subjectively recognize it. See Helphenstine v.
Lewis County, 60 F.4th 305, 316–17 (6th Cir. 2023). When denying qualified immunity to the
officers sued in this case, the district court held that a reasonable jury could find that they
“recklessly disregarded” the strong risk that Lawler would commit suicide. But that standard
governs today; it did not govern when Lawler committed suicide in 2018. And when we apply
the correct test, the evidence shows that the officers did not subjectively believe that Lawler was
likely to take his life. We thus reverse the district court’s denial of qualified immunity to the
officers. |
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