affirming denial of qualified immunity on failure to provide care to detainee with bipolar disorder while detainee was in custody; “Eilman alternated between calm and manic conduct, sometimes chatting amiably while sometimes screaming, chanting rap lyrics, smearing menstrual blood on the cell's walls, and taking off her clothes.”
How later courts described this case
- affirming denial of qualified immunity on failure to provide care to detainee with bipolar disorder while detainee was in custody; “Eilman alternated between calm and manic conduct, sometimes chatting amiably while sometimes screaming, chanting rap lyrics, smearing menstrual blood on the cell's walls, and taking off her clothes.”
- finding a State-created danger where police arrested a woman in a safe place and released her in a hazardous area while she was unable to protect herself
- reasonableness of police officer’s recommendation not to contact psychiatrist or physician to treat bipolar arrestee who was crying and chanting rap lyrics during her intake interview was fact issue that could not be decided on appeal from denial of summary judgment on civil‐ No. 17‐3071 Page 4 rights claims
- “Several decisions in this and other circuits hold that people propelled into danger by public employees have a good claim under the Constitution.”
Written by the judges who cited it.
The opinion
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
May 17, 2012
Before
FRANK H. EASTERBROOK, Chief Judge
RICHARD A. POSNER, Circuit Judge
ILANA DIAMOND ROVNER, Circuit Judge
No. 10-1487 Appeal from the United
States District Court for the
KATHLEEN PAINE, as guardian of the estate of Northern District of Illinois,
Christina Rose Eilman, Eastern Division.
Plaintiff-Appellee,
No. 06 C 3173
v. Virginia M. Kendall, Judge.
RICHARD CASON, et al.,
Defendants-Appellants.
Order
The slip opinion of this court issued on April 26, 2012, is amended as
follows:
1. The sentence at 19 reading "Actually they were for the control of
her bipolar disorder.” is changed to “Yet they may have been for the
control of her bipolar disorder.”
2. The sentence at 21 reading "Sharon Stokes, a detention aide at the
Second District, inventoried Eilman’s possessions and found the
psychotropic medication.” is changed to "Sharon Stokes, a detention aide
No. 10-1487 Page 2
at the Second District, inventoried Eilman’s possessions and found some
medication, which may have been for control of her mental condition.”
Defendants-appellants filed a petition for rehearing on May 9, 2012 and
plaintiff-appellee filed a petition for rehearing on May 11, 2012. All of the judges
on the panel have voted to deny the petition for rehearing filed by the
defendants-appellants. A majority of the judges on the panel have voted to deny
the petition for rehearing filed by the plaintiff-appellee. Judge Rovner voted to
grant this petition. The petitions for rehearing are therefore DENIED.