Barton Ex Rel. Estate of Barton v. Taber

United States Court of Appeals

For the Eighth Circuit

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No. 14-3280

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Regina Barton, as personal representative for the Estate of Jeffry Alan Barton

lllllllllllllllllllll Plaintiff - Appellee

v.

Donnie Taber, individually and in his official capacity as the Malvern Chief of

Police; Tim Callison, individually and in his official capacity as a Malvern Police

Officer; Chad Ledbetter, individually as the Hot Spring County Sheriff; George

Wright, individually and in his official capacity as Hot Spring County Jail

Administrator; Amie Martin, individually and in her official capacity as Hot

Spring County Deputy; Brian Orrell, individually and in his official capacity as

Hot Spring County Deputy

lllllllllllllllllllll Defendants

Zachary Owens, individually and in his official capacity as a Arkansas State Trooper

lllllllllllllllllllll Defendant - Appellant

Hot Springs County, Arkansas; City of Malvern, Arkansas; State of Arkansas

lllllllllllllllllllll Defendants

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Appeal from United States District Court

for the Western District of Arkansas - Hot Springs

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Submitted: September 21, 2015

Filed: April 27, 2016

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Before WOLLMAN, COLLOTON, and KELLY, Circuit Judges.

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WOLLMAN, Circuit Judge.

Regina Barton, as personal representative for the Estate of Jeffry Alan Barton

(Barton), filed suit under 42 U.S.C. § 1983 and the Arkansas Civil Rights Act of 1993

(ACRA), Ark. Code Ann. § 16-123-105, alleging that Arkansas State Trooper

Zachary Owens and other defendants denied Barton medical care, in violation of his

Fourth, Eighth, and Fourteenth Amendment rights. Trooper Owens appeals from the

district court’s1 denial of his motion to dismiss on the basis of qualified and statutory

immunity. We affirm.

I.

On September 12, 2011, Barton was involved in a single-vehicle accident at

an overpass located on U.S. Highway 270. Owens arrived at the accident scene,

along with Malvern, Arkansas, Police Officer Tim Callison and other law

enforcement officials. After the officers arrived, Barton almost fell to the ground on

multiple occasions. He swayed and used his truck to steady himself. After a portable

breath test indicated that Barton’s blood-alcohol concentration was .11, the officers

placed Barton under arrest. During the search of his person, Barton fell to the ground

and was not responsive. Callison checked Barton for a pulse after he did not respond

1

The Honorable Robert T. Dawson, United States District Judge for the

Western District of Arkansas, now retired.

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to questions or commands. Because Barton could not stand on his own, Callison and

Owens lifted Barton and placed him into Owens’s patrol car.2

Owens transported Barton to the Hot Spring County Detention Center. Barton

was unable to answer questions during the booking process, and when he did speak,

his speech was slurred. At one point during the booking process, Barton fell off a

bench onto the floor.

Barton was incarcerated in the Detention Center as a pretrial detainee and

placed in a holding room, to which he was unable to walk without being assisted by

jail trustees. Barton was found dead in the holding room shortly after midnight on

September 13, 2011. An autopsy determined the cause of death to be a heart

condition—anomalous right coronary artery, fatty infiltration of right ventricle and

atrium of heart. The autopsy also revealed a small amount of ethanol, a small amount

of hydrocodone, and a non-toxic level of an anti-anxiety medication.

Owens moved to dismiss the complaint for failure to state a claim on which

relief could be granted, Fed. R. Civ. P. 12(b)(6), asserting that he was entitled to

qualified immunity from the federal claim and statutory immunity from the ACRA

claim, Ark. Code Ann. § 19-10-305(a). The district court dismissed the claims

against Owens in his official capacity, but otherwise denied the motion, leading

Owens to file this appeal.

2

On appeal, Regina Barton has asserted several facts that she did not allege in

the complaint. Our review of a motion to dismiss is limited to the facts alleged in the

complaint, see Fed. R. Civ. P. 12(d), and we have considered only those allegations.

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II.

Although ordinarily a denial of a pretrial motion is not appealable,

interlocutory appeals from the denial of qualified and statutory immunity are

permitted under the collateral-order doctrine. Burton v. Ark. Sec’y of State, 737 F.3d

1219, 1228 (8th Cir. 2013). We review de novo the denial of a motion to dismiss

based on qualified and statutory immunity. Hager v. Ark. Dep’t of Health, 735 F.3d

1009, 1013 (8th Cir. 2013). “Under Federal Rule of Civil Procedure 12(b)(6), the

factual allegations in the complaint are accepted as true and viewed most favorably

to the plaintiff.” Hager, 735 F.3d at 1013 (citing Gross v. Weber, 186 F.3d 1089,

1090 (8th Cir. 1999)).

A. Qualified Immunity

State officials are entitled to qualified immunity for their discretionary acts

unless those acts “violate clearly established statutory or constitutional rights of

which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800,

818 (1982). We thus ask: “(1) [whether] the facts, viewed in the light most favorable

to the plaintiff, demonstrate the deprivation of a constitutional or statutory right; and

(2) [whether] the right was clearly established at the time of the deprivation.”

Howard v. Kan. City Police Dep’t, 570 F.3d 984, 988 (8th Cir. 2008).

1. Constitutional Violation

Owens argues that the facts alleged in the complaint do not establish that he

violated Barton’s constitutional rights. A complaint must include “a short and plain

statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P.

8(a)(2). The Federal Rules require more than “‘labels and conclusions’ or ‘a

formulaic recitation of the elements of a cause of action.’” Ashcroft v. Iqbal, 556

U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555

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(2007)). “[A] complaint must contain sufficient factual matter, accepted as true, to

‘state a claim to relief that is plausible on its face.’” Id. (quoting Twombly, 550 U.S.

at 570). “A claim has facial plausibility when the plaintiff pleads factual content that

allows the court to draw the reasonable inference that the defendant is liable for the

misconduct alleged.” Id. We thus accept as true the facts alleged, but not legal

conclusions or “[t]hreadbare recitals of the elements of a cause of action, supported

by mere conclusory statements.” Id.

Owens argues that the claim against him is not facially plausible, because the

complaint mentions him in only four paragraphs, which he says do not allege a

constitutional violation. The paragraphs allege that Owens had direct contact with

Barton in the hours leading up to his death, responded to the scene of the accident,

helped Callison lift Barton from the ground and place him in his patrol car, and

transported Barton to the detention center. J.A. 3, 4-5. When those paragraphs are

read in the context of the full complaint, however, the complaint states a facially

plausible claim against Owens. As set forth above, the complaint alleges that Barton

became unconscious at the scene of a vehicle accident, that Callison checked Barton’s

pulse because he was not responsive, that Barton could not stand or walk on his own,

and that Barton could not answer questions and fell off the bench onto the floor at the

detention center. J.A. 4-5. Accepting these allegations as true, it is reasonable to

infer that Owens observed Barton’s symptoms both at the scene of the accident and

at the detention center. Thus, the proper inquiry is whether, viewing the facts in the

light most favorable to the plaintiff, Owens’s failure to take some action to secure

medical care for Barton violated Barton’s constitutional rights. As we discuss below,

we conclude that it does.

To determine whether Owens’s failure to seek medical care for Barton violated

Barton’s constitutional rights, we apply the Eighth Amendment “deliberate

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indifference” standard.3 See Jackson v. Buckman, 756 F.3d 1060, 1065 (8th Cir.

2014) (applying the Eighth Amendment deliberate-indifference standard to a pretrial

detainee’s claim of failure to provide medical care in violation of the due process

clause of the Fourteenth Amendment). The deliberate-indifference standard requires

“both an objective and subjective analysis.” Hall v. Ramsey County, 801 F.3d 912,

920 (8th Cir. 2015) (quoting Scott v. Benson, 742 F.3d 335, 340 (8th Cir. 2014)).

To meet the objective component of the deliberate-indifference standard, the

complaint must plead facts sufficient to demonstrate that Barton suffered from an

objectively serious medical need. See Grayson v. Ross, 454 F.3d 802, 808-09 (8th

Cir. 2006). “To be objectively serious, a medical need must have been ‘diagnosed by

a physician as requiring treatment’ or must be ‘so obvious that even a layperson

would easily recognize the necessity for a doctor’s attention.’” Jackson, 756 F.3d at

1065 (quoting Scott, 742 F.3d at 340). Owens argues that the complaint does not

plead an objectively serious medical need because Barton’s behavior would not

indicate to a layperson that he was suffering from a heart condition that would later

kill him. But the complaint was not required to allege that Owens knew of Barton’s

heart condition, only that Barton showed obvious signs of an objectively serious

medical need. We determine whether an objectively serious medical need exists

based on the attendant circumstances, irrespective of what the officer believes the

cause to be. See Vaughn v. Gray, 557 F.3d 904, 909 (8th Cir. 2009) (denying

qualified immunity to officers who claimed that they thought a prisoner’s vomiting

“was caused by the ingestion of shampoo”); see also McRaven v. Sanders, 577 F.3d

974, 981 (8th Cir. 2009) (denying qualified immunity where an inmate exhibited

3

We note that in our recent decision, Bailey v. Feltmann, No. 14-3859, 2016

WL 191929 (8th Cir. Jan. 15, 2016), we acknowledged disagreement regarding the

proper standard to apply in denial-of-medical-care claims brought by arrestees. See

Bailey, 2016 WL 191929, at *2; see also Kingsley v. Hendrickson, 135 S. Ct. 2466,

2473 (2015) (holding that the Fourteenth Amendment’s objective reasonableness

standard governs excessive-force claims brought by pretrial detainees).

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symptoms of severe intoxication and circumstances suggested that the inmate had

overdosed on prescription medications); Grayson, 454 F.3d at 809 (granting qualified

immunity where an arrestee was under the influence of methamphetamines, but “sat

calmly in the back of the patrol car, followed directions, answered questions posed,

and remained quiet and seated on a bench inside the jail”). Although we can assume

that most individuals arrested on intoxication-related charges are not in obvious need

of prompt medical care, the complaint here has stated sufficient facts to show that

Barton was experiencing a medical need so obvious that a layperson would recognize

that he needed prompt medical attention. Accepting once again the truth of the

complaint’s allegations, Barton fell down at the scene of his accident, could not walk

on his own, and became unresponsive such that an officer was obliged to check for

a pulse. At the detention center, he could not answer questions and could not remain

seated without falling over. While some of these alleged symptoms are consistent

with those exhibited by intoxicated persons, when viewed in their totality and in the

light most favorable to the non-moving party, they were sufficient to establish that

Barton suffered from an objectively serious medical need.

The subjective component requires a showing that Owens actually knew that

Barton needed medical care and disregarded “a known risk to the [arrestee’s] health.”

Gordon ex rel. Gordon v. Frank, 454 F.3d 858, 862 (8th Cir. 2006) (citing Olson v.

Bloomberg, 339 F.3d 730, 736 (8th Cir. 2003)). “This showing requires a mental

state ‘akin to criminal recklessness.’” Jackson, 756 F.3d at 1065 (quoting Gordon ex

rel. Gordon, 454 F.3d at 862). A complaint must allege facts that demonstrate “more

than negligence, more even than gross negligence.” Id. (quoting Fourte v. Faulkner

County, 746 F.3d 384, 387 (8th Cir. 2014)). Such a mental state can be inferred,

however, from facts that demonstrate that a medical need was obvious and that the

officer’s response was “obviously inadequate.” Thompson v. King, 730 F.3d 742,

747 (8th Cir. 2013) (“However, if a response to a known risk is obviously inadequate,

this may lead to an inference that the officer ‘recognized the inappropriateness of his

conduct.’” (quoting Krout v. Goemmer, 583 F.3d 557, 567 (8th Cir. 2009))). From

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his observations at the scene of the accident and at the Detention Center, Owens had

direct knowledge of Barton’s obvious need for prompt medical attention and yet took

no steps to secure such care for Barton. Accordingly, we hold that the allegations in

the complaint were sufficient to create an inference that Owens was deliberately

indifferent to Barton’s need for medical attention.

2. Clearly Established

Owens argues that Barton’s constitutional right was not clearly established,

because he acted as a reasonable officer would under the circumstances. “For a right

to be clearly established, ‘[t]he contours of the right must be sufficiently clear that a

reasonable official would understand that what he is doing violates that right.’”

Meehan v. Thompson, 763 F.3d 936, 940 (8th Cir. 2014) (quoting Anderson v.

Creighton, 483 U.S. 635, 640 (1987)). We adopt the perspective of a reasonable

officer at the scene, taking into account the information he possessed at the time. Id.

“[F]or a plaintiff to overcome qualified immunity, existing precedent must have

placed the constitutional question ‘beyond debate.’” Hollingsworth v. City of St.

Ann, 800 F.3d 985, 989 (8th Cir. 2015) (quoting City & County of San Francisco v.

Sheehan, 135 S. Ct. 1765, 1774 (2015)). Whether an officer’s denial of medical care

violates an arrestee’s constitutional rights is thus context-specific, for we do not

“define clearly established law at a high level of generality.” Mullenix v. Luna, 136

S. Ct. 305, 308 (2015) (per curiam) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 742

(2011)). The appropriate inquiry, then, is whether a reasonable officer in September

2011 would have understood that failing to seek medical care for a post-vehicular

accident arrestee who exhibited the symptoms Barton exhibited would violate the

arrestee’s constitutional rights. We conclude that McRaven v. Sanders and Grayson

v. Ross, decided in 2009 and 2006, respectively, provide the relevant precedent.

McRaven involved a pretrial detainee who was arrested for driving while under

the influence of drugs. 577 F.3d at 978. During the booking process, the officers

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collected a urine sample that indicated the detainee was under the influence of

marijuana, benzodiazepines, and opiates. Id. The detainee also informed the officers

that he had taken several psychotropic medications. Id. A drug influence evaluation

indicated that he appeared to have poor coordination, slurred speech, flushed skin on

his face, and droopy eyelids; his blood pressure and temperature were “down”; and

a blood alcohol test indicated that he had not consumed any alcohol. Id. The officers

consulted with a nurse at the facility regarding whether they should transport the

detainee to the hospital. The nurse, unaware of the results of the detainee’s drug

screening, concluded that he did not require hospitalization and that he was simply

“sleeping off alcohol.” Id. at 979. Later, the detainee was discovered in his cell, no

longer breathing, which resulted in severe brain damage. Id. His guardian brought

a § 1983 claim against the officers at the detention center, alleging that the officers

were deliberately indifferent to the detainee’s medical need. Id. The officers moved

for summary judgment, claiming they were entitled to qualified immunity because

they relied on the nurse’s conclusion that the detainee did not have an objectively

serious medical need. Id. at 980-81. We rejected this argument and held that in light

of the officers’ knowledge of the attendant circumstances, they could not rely on the

nurse’s recommendation. See id. at 981 (noting that the officers were aware of the

drugs the detainee had consumed and that “circumstances suggested [the detainee]

did not consume [them] in prescribed doses,” that the detainee “exhibited symptoms

of severe intoxication” and was clearly impaired, and that the nurse had not known

all of the relevant facts when she made her recommendation).

By contrast, in Grayson, we granted qualified immunity to an arresting officer

and a booking officer after a pretrial detainee died from “excited delirium as a result

of acute methamphetamine intoxication and physical struggle.” 454 F.3d at 808.

Although the officers knew that the detainee had used methamphetamine, they did not

know how much he had consumed. Id. at 806. During the detainee’s arrest, he “sat

calmly in the back of the patrol car, followed directions, [and] answered questions.”

Id. at 809. Similarly, while he was being booked and for the first several hours of his

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detention, he was non-combative and able to answer questions. Id. at 810. We

concluded that the detainee did not have an objectively serious medical need that

would have been obvious to a layperson because his symptoms did not indicate a

medical emergency. Id. at 809.

In both McRaven and Grayson, we considered the severity of the intoxicated

detainees’ symptoms and the context in which the symptoms presented. Thus, a

reasonable officer in 2011 would have recognized that failing to seek medical care

for an intoxicated arrestee who exhibits symptoms substantially more severe than

ordinary intoxication violates the arrestee’s constitutional rights, all the more so when

the surrounding circumstances indicate that a medical emergency exists. See

Thompson, 730 F.3d at 747-49 (discussing Grayson). As recounted above, the

complaint alleged facts that Barton exhibited symptoms substantially more serious

than ordinary intoxication and that Owens was aware of these symptoms and of the

fact that Barton had recently been in a vehicular accident. Accordingly, we hold that,

under these circumstances, a reasonable officer would “comprehend that he was

violating [Barton’s] clearly established constitutional rights.” See Gladden v.

Richbourg, 759 F.3d 960, 964 (8th Cir. 2014); see also Estate of Crouch v. Madison

County, 682 F. Supp. 2d 862, 877 (S.D. Ind. 2010) (noting that a prisoner had an

objectively serious medical need when he became unresponsive). It should go

without saying that our holding should be read in light of the fact that it is based on

the district court’s denial of a Fed. R. Civ. P. 12(b)(6) motion. At this stage in the

proceedings, we are required to treat the facts alleged in the complaint as true and

make all reasonable inferences in favor of the plaintiff. This is a highly deferential

standard, as opposed to that at the summary judgment stage, at which the parties must

support their factual assertions with citations to an established record. We hold only

that the complaint, marginally sufficient though it may be, has stated a claim, not that

it will withstand further scrutiny.

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B. Statutory Immunity

Owens argues that he is entitled to statutory immunity under the ACRA

because the complaint does not contain facts sufficient to demonstrate that Owens

acted with malice. As relevant to this appeal, the ACRA states, “Officers . . . of the

State of Arkansas are immune from liability and from suit . . . for damages for acts or

omissions, other than malicious acts or omissions, occurring within the course and

scope of their employment.” Ark. Code Ann. § 19-10-305(a). The Supreme Court

of Arkansas has defined malice as

the intentional doing of a wrongful act without just cause or excuse,

with an intent to inflict an injury or under circumstances that the law

will imply an evil intent. . . . A conscious violation of the law . . . which

operates to the prejudice of another person. A condition of the mind

showing a heart . . . fatally bent on mischief.

Fuqua v. Flowers, 20 S.W.3d 388, 391 (Ark. 2000) (quoting Malice, Black’s Law

Dictionary (6th ed 1990)). Owens bases his argument on the premise that the statute

provides more protection than qualified immunity. But the Supreme Court of

Arkansas consistently has stated that “the immunity provided by section 19-10-305(a)

is similar to that provided by the Supreme Court for federal civil-rights claims.”

Simons v. Marshall, 255 S.W.3d 838, 842 (Ark. 2007) (citing Fegans v. Norris, 89

S.W.3d 919, 924 (Ark. 2002)). But see Langford v. Norris, 614 F.3d 445, 465 (8th

Cir. 2010) (denying qualified immunity to prison officials for plaintiff’s federal civil-

rights claims, but granting statutory immunity for the plaintiff’s state law claims). We

have concluded that the complaint alleges facts sufficient to create an inference that

Owens acted with deliberate indifference, and we similarly conclude that the

complaint alleges facts sufficient to create an inference of malice.

III.

The judgment denying immunity is affirmed.

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COLLOTON, Circuit Judge, dissenting.

In my view, the court goes too far in exposing a state trooper to liability for a

death caused by an undiagnosed heart condition of a drunk driver. I would reverse

the district court’s order denying the motion to dismiss filed by Trooper Zachary

Owens.

The complaint against Owens alleges that he responded to the scene of a one-

vehicle accident in Arkansas. The driver, Jeffry Alan Barton, registered a blood-

alcohol content of 0.11 and was placed under arrest, presumably for driving while

intoxicated. The allegations are that Owens observed Barton swaying and using his

truck for support while almost falling to the ground on multiple occasions.

Generously construed, the complaint also asserts that Owens observed that Barton at

one point fell to the ground, and was non-responsive for a time. (Another officer

checked Barton for a pulse, and Barton must have demonstrated a heartbeat.) Owens

later worked with other officers to lift Barton and place him into a patrol car, and

Owens drove Barton to a detention center for booking. Although there is no

allegation that Owens remained in the booking area after he transported Barton to the

detention center, or that he participated in the booking process, the court presumes

that Owens also observed that Barton was unable to answer questions during booking,

spoke with slurred speech, and once fell off a bench and onto the floor. Barton later

died in a holding cell due to a heart condition.

Even assuming all of the facts recounted above, Owens is entitled to qualified

immunity. As the Supreme Court has emphasized, “qualified immunity protects all

but the plainly incompetent or those who knowingly violate the law.” Mullenix v.

Luna, 136 S. Ct. 305, 308 (2015) (internal quotation marks omitted). The complaint

must allege adequately that Owens violated a clearly established constitutional right

of Barton. To determine that issue, the court must not “define clearly established law

at a high level of generality.” Id. “The dispositive question is whether the violative

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nature of [the] particular conduct is clearly established.” Id. “This inquiry must be

undertaken in light of the specific context of the case, not as a broad general

proposition.” Id.

It was clearly established in September 2011, at least under the law of the

Eighth Circuit, that a law enforcement officer must not act with deliberate

indifference to the serious medical needs of an arrestee. McRaven v. Sanders, 577

F.3d 974, 979-81 (8th Cir. 2009). But this is a broad general proposition. The issue

here is whether the facts alleged, in the specific context of this case, show that only

a plainly incompetent state trooper, or a trooper who knowingly violates the law,

would have turned Barton over to the custody of the detention center without seeking

medical attention. In other words, it must be clearly established that the complaint’s

allegations are sufficient to show that Barton suffered from an objectively serious

medical need, and that Owens exhibited deliberate indifference (i.e., criminal

recklessness) to that need by failing to seek medical attention. The complaint and

relevant precedents do not support a denial of qualified immunity.

The Constitution does not require an arresting law enforcement officer to seek

medical attention for every arrestee who appears to be intoxicated. E.g., Burnette v.

Taylor, 533 F.3d 1325, 1333 (11th Cir. 2008); Grayson v. Peed, 195 F.3d 692, 696

(4th Cir. 1999); Estate of Hocker v. Walsh, 22 F.3d 995, 999-1000 (10th Cir. 1994);

Meier v. Cty. of Presque Isle, 376 F. App’x 524, 529 (6th Cir. 2010). Owens knew

that Barton was a drunk driver, and a reasonable state trooper with no medical

training could have believed that his slurred speech, difficulty walking, inability to

answer questions, and even temporary non-responsiveness were the results of

intoxication that did not require immediate medical attention. On the facts alleged,

it would not have been obvious to a layperson that Barton’s symptoms exceeded those

of acute intoxication. There is no allegation that Owens had any knowledge that

Barton suffered from the heart condition that eventually caused his death. And there

is no assertion that Owens knew how to distinguish symptoms of intoxication from

those of an impending coronary.

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The district court thought Thompson v. King, 730 F.3d 742, 748 (8th Cir.

2013), clearly established that Owens’s conduct violated Barton’s constitutional

rights, but this conclusion was error. Assuming that controlling circuit precedent is

a dispositive source of clearly established law, cf. Carroll v. Carman, 135 S. Ct. 348,

350 (2014) (per curiam), Thompson was decided in 2013, two years after Barton’s

death in 2011, so it could not provide clearly established law for this incident. See

Parker v. Boyer, 93 F.3d 445, 447 (8th Cir. 1996).

The court relies instead on McRaven v. Sanders, 577 F.3d 974 (8th Cir. 2009),

but the decision there on dissimilar facts did not put Owens on notice of a clearly

established constitutional right in this case. The officers in McRaven knew that an

arrestee had consumed a “cocktail of potent drugs” under circumstances that

“strongly suggested” they were not taken in prescribed dosages, yet they failed to

seek medical attention when the arrestee exhibited extreme symptoms of drug

intoxication. Unlike Owens, who was unaware of Barton’s heart condition, the

officers in McRaven had specific reason to believe that the offender suffered from a

serious medical need—a drug overdose—that distinguished him from an arrestee who

had consumed excessive amounts of alcohol. The court also cites Grayson v. Ross,

454 F.3d 802 (8th Cir. 2006), but the officers in that case did not commit a

constitutional violation, so the decision did not clearly establish any constitutional

right transgressed by Owens. Id. at 809-10.

More instructive is a decision that unfortunately was not cited by either party.

In Martinez v. Beggs, 563 F.3d 1082 (10th Cir. 2009), officers arrested a man named

Ginn for public intoxication. The arresting officer reported that Ginn “was unable to

stand.” A witness testified that officers “picked up” Ginn and “dragged” him to a

patrol car. The officer transporting Ginn to the detention center thought Ginn had

“passed out, like most of your drunks do” during a ride to the facility. At the

detention center, Ginn could not walk in a straight line, and officers helped to support

his weight. Ginn was placed in a cell. Three hours later, he died from a heart attack

due to coronary artery disease.

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Ginn’s estate sued the arresting officers, alleging that they knew that Ginn had

consumed a large quantity of alcohol, could not walk without help, may have been

unconscious for a short time, and was talking as if he were hallucinating. The

plaintiff also sued two custodial officers, asserting that they knew Ginn was drunk,

was too incoherent to be booked into jail, and had difficulty walking.

The court affirmed a grant of summary judgment for the officers because there

was insufficient evidence to show deliberate indifference to the detainee’s serious

medical needs:

[T]he sufficiently serious objective harm that Ginn faced was heart

attack and death, and not acute intoxication. . . . The officers

subjectively knew that Ginn was intoxicated, but there is no evidence to

show that anyone would have known that Ginn would face an imminent

heart attack or death, much less that the individual county defendants

subjectively knew that Ginn was at risk of heart attack or death.

Id. at 1090.

So too here. Owens knew that Barton was a drunk driver, and Barton exhibited

symptoms that a reasonable trooper could associate with acute intoxication. Owens

had no reason to know that Barton suffered from an undiagnosed heart condition that

would cause his death. Barton may have had an objectively serious medical need for

treatment of his heart, but it was not a need to which Owens was deliberately

indifferent under clearly established law on the facts alleged. I would therefore

reverse the district court’s order denying the motion to dismiss.

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