Lovett v. Herbert

After being arrested for DUI, Martin was booked by Clay County Officers Herbert and Overton and was placed in a cell with bunk beds, rather than the padded cell or the “drunk tank,” which did not contain bunk beds. The other inmate in the cell had recently had surgery and required the bottom bunk. Martin stated that he could not get to the upper bunk. Officer Herbert says he told Martin to remove the mattress and put it on the floor. Martin climbed onto the upper bunk and fell while attempting to climb down, hitting his head on a table on the opposite wall, damaging his spinal cord and paralyzing him permanently. He died months later. Martin’s Estate sued Officers Herbert and Overton. The district court denied their motion for qualified immunity, The Seventh Circuit reversed. Drawing all factual inferences in its favor, the Estate failed to show that the officers’ conduct violated clearly established law. There were several intervening events: Martin decided to climb into the bunk rather than sitting or sleeping on the floor; Martin attempted to climb down before he was sufficiently sober; Martin fell and hit his head. None of these events was so obviously foreseeable that the Fourth Amendment’s requirement of reasonable conduct would have given notice that the officers' actions violated that standard. View "Lovett v. Herbert" on Justia Law