Opinion

Paine v. Cason

  • 678 F.3d 500
  • 2012 WL 1434961
Court
Court of Appeals for the Seventh Circuit
Filed
May 17, 2012
Status
Published
Author
Easterbrook
On the bench
Easterbrook, Chief Judge, and Posner and Rovner, Circuit Judges
Cited by
60 cases
Authority
More cited than 81.9%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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