# Suetta Smith v. County of Lenawee

> Court of Appeals for the Sixth Circuit · November 20, 2012 · 505 F. App'x 526

URL: https://www.frixlaw.com/law-library/cases/9501693

## Case

- **Full name:** Suetta SMITH, as Personal Representative of the Estate of Brenda Sue Smith, Deceased, Plaintiff-Appellee. v. COUNTY OF LENAWEE; Paul Dye, Sgt.; J. Craig, Sgt.; Wendy Vanderpool, Officer; Bennice Baker; Adam Ondrovick, Officer; Eric Westgate, Defendants-Appellants
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** November 20, 2012
- **Citations:** 505 F. App'x 526
- **Precedential status:** Unpublished
- **Opinion:** Concurring in part by Kethledge
- **Judges:** Boggs, Norris, Kethledge
- **Cited by:** 79 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9501693

## How later opinions describe it (automated extraction)

- holding that administrative or custody officials who have no training or authority to supervise healthcare officials cannot be held liable for those officials’ inadequate care
- noting that “if a prisoner is under the care of medical experts . . . a non-medical prison official will generally be justified in believing that the prisoner is in capable hands.” (quoting Spruill v. Gillis, 372 F.3d 218, 236 (3d Cir. 2004))
- holding a correctional officer was not deliberately indifferent when he, among other things, contacted a doctor regarding an inmate’s medical condition and received assurances regarding the inmate’s medical status

## Opinion text

KETHLEDGE, J.,
concurring in part and dissenting in part.
I agree with the majority on all but one issue. Specifically, I would affirm the district court’s denial of qualified immunity to Westgate. Unlike Dye&emdash;who I think pres *541 ents a close case, but who at least showed concern by putting Smith in a padded cell and calling Dr. Stickney — Westgate basically took no action at all during his four-hour shift on the night before Smith died. I also think he had ample time to observe Smith’s condition, and that Stickney’s “advice” to Dye — which was dubious to begin with — was becoming pretty stale by the end of Westgate’s shift. Thus, I agree with the district court that “[a] jury could conclude that Westgate’s delay in providing medical care to Smith under the circumstances could constitute deliberate indifference.”
On that issue, then, I respectfully dissent. Otherwise I concur in the majority’s opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9501693. Public record. Not legal advice.