Donald v. Norris
Filing
130
ORDER denying 87 defendant's Motion for Summary Judgment as set out. Signed by Chief District Judge Jeffrey U. Beaverstock on 3/27/23. (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BARBARA DONALD, as Administrator Ad
)
Litem of the Estate of Edward Burrell, and for )
the benefit of his next of kin
)
)
Plaintiff,
)
)
CIVIL ACTION NO. 1:17-00491-JB-N
v.
)
)
TYLER NORRIS,
)
)
Defendant.
)
ORDER
This matter is before the Court on Defendant Tyler Norris’ (“Norris”) Motion for Summary
Judgment. (Doc. 87). Plaintiff Barbara Donald (“Plaintiff”) filed a response and Norris filed a
reply. (Docs. 98 and 107). The parties appeared before the Court for oral argument and have
filed supplemental briefs at the request of the Court. (Docs. 125, 126 and 127). The Motion has
been fully briefed and this matter is ripe for review.
I.
INTRODUCTION
Edward Lee Burrell (“Burrell”) Burrell was convicted of driving under the influence in the
Municipal Court of the City of Jackson, Alabama and on Burrell was sentenced to serve 60 days
in the Clarke County Jail. Norris was the Chief Deputy Sheriff and Jail Administrator for Clarke
County, Alabama.1 While serving his sentence, Burrell suffered a heart attack, eventually dying
at Grove Hill Memorial Hospital. Burrell’s estate sued Norris for deliberate indifference to
1
Tyler Norris was the Chief Deputy Sheriff and Jail Administrator, while the Sheriff was William Ray Norris. The two
are not related. Throughout this Order, Defendant Tyler Norris will be referred to as “Norris.” Sheriff William Ray
Norris will be referred to as “Sheriff Norris.”
1
Burrell’s medical needs under the Eighth Amendment and for wrongful death. Norris has invoked
qualified immunity as to the deliberate indifference claim and State immunity as to the wrongful
death claim. Specifically, Norris contends he was not deliberately indifferent to Burrell’s serious
medical need and that Plaintiff cannot meet the burden of demonstrating he violated clearly
established law. Norris also claims he is entitled to state actor immunity from Plaintiff’s state law
wrongful death claim.
II.
UNDISPUTED FACTS
At 8:59 p.m. on the evening of November 8, 2015, Norris was driving home from the
Clarke County Jail. Norris received a call from the jail informing him that Burrell was experiencing
extremely high blood pressure and difficulty breathing. Burrell, a 62-year-old black male with a
history of hypertension and diabetes, was serving a sixty (60) day sentence for a misdemeanor
violation.
Norris, who was then only about four minutes from the jail at the time, pulled over to the
side of the road and waited for more information as jail staff re-checked Burrell’s blood pressure
and consulted with Leah Mosley, the jail nurse. Nurse Mosely determined that Burrell needed to
go to the emergency room immediately. Norris directed Burrell be released from the jail and he
transported him to the hospital in his Sheriff’s Department vehicle. As Burrell was being taken
into the emergency room, he suffered a cardiac arrest. Despite significant efforts by emergency
room staff, Burrell died.
2
The following more specific undisputed timeline is relevant to the issues before the Court:
8:45 p.m.
1. Sometime after 8:45 p.m., inmate Edward Burrell used the call button in his pod to
report to the control room that he was having trouble breathing. The control room
officer relayed the information to Officer Chelsea Hinson, the shift supervisor.
2. At Officer Hinson’s direction, Corrections Officer Keith Harbin went to F-pod to check
on Burrell, brought him to the booking area, and checked his blood pressure, which
read 240/160. Officers Harbin and Hinson checked and rechecked Burrell’s blood
pressure to ensure the reading was accurate.
8:55 p.m.
At Approximately 8:55p.m., Norris left the jail for the evening.
8:59 p.m.
1. Officer Hinson simultaneously called jail nurse Leah Mosley on a jail phone and
radioed Norris on his Southern Linc cell phone’s walkie-talkie feature.
2. At this point Norris was about four minutes away from the jail at the intersection of
Hebron Road and Old Saint Stephens Road. He immediately pulled over and waited
to obtain further information.
3. Hinson informed Norris that she was confirming blood pressure readings and
consulting with Nurse Mosley. Hinson informed both Norris and Nurse Mosley that
that Burrell was sweating, had high blood pressure, and that he was having trouble
breathing.
4. Hinson checked Burrell’s blood pressure twice while on the phone with Mosley, once
in each arm. Each time, Burrell’s blood pressure read 245/160.
5. Nurse Mosley instructed the jail staff that Burrell needed to go to the emergency
room.
6. Norris decided it was in Burrell’s best interest to take him to the hospital rather than
calling for an ambulance.
3
7. Norris instructed Officer Hinson to release Burrell reflecting “time served” and that
he would take Burrell to the hospital in his marked Clarke County Sheriff’s Office
vehicle.2 Norris then turned around to return to the jail.
8. Burrell was immediately released and ordered to change into his street clothes. The
area where Burrell was directed to change had nowhere for him to sit, and he had
difficulty changing. Once changed out of his jail uniform, Burrell was escorted to the
jail’s sallyport.
9:06 p.m.
1. Norris arrived outside of the jail’s sallyport at 9:06 p.m. Norris walked into the
sallyport and met Burrell and the officers coming out of the jail. Burrell got into the
front passenger seat of Norris’ vehicle.
2. Norris directed Officer Hinson to call ahead to the emergency room and let them know
he was on his way with an inmate who was struggling to breathe. Norris and Burrell
then immediately left for the Grove Hill Memorial Hospital emergency room.
9:08 p.m.
1. One minute and sixteen seconds elapsed from the time Norris pulled up to the jail
until the time he and Burrell left for the hospital. Norris ran the emergency lights and
sirens on his marked Sheriff’s vehicle on the way to the hospital.
2. On the way to the hospital, Norris asked Burrell if he was in pain, and he replied no,
but reported he was having trouble breathing and that he was hot.
9:10 p.m.
1. Burrell and Norris arrived at the hospital sometime at or before 9:10 p.m.
2. Norris exited his vehicle, ran to the door, punched in a security code that he knew,
and shouted for help and a wheelchair. A nurse promptly came outside with a
wheelchair and brought it down the ramp where Norris was parked.
3. Burrell got out of the vehicle and sat in the wheelchair with some assistance.
2
Norris maintains he spoke with his superior, then Clarke County Sheriff William Ray Norris (”Sheriff Norris”), about
releasing Burrell and that Sheriff Norris directed him to have Burrell released.
4
4. As the nurse was wheeling Burrell toward the emergency room, Burrell went limp, his
head fell back, and he began to foam at the mouth.
10:06 p.m.
1. Hospital personnel unsuccessfully attempted to resuscitate Burrell for almost an hour.
2. Burrell was pronounced dead at 10:06 p.m.
III.
STANDARD OF REVIEW
Summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is
appropriate when the pleadings, affidavits, and depositions demonstrate that there is no genuine
issue as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317 (1986). The party moving for
summary judgment meets its initial burden by “showing – that is, pointing out” that the nonmovant lacks evidence to support the essential elements of his claim. Id. at 325. After the
movant has met this initial burden, the non-movant must present “substantial evidence” on each
essential element of her claim. Id. “Summary judgment procedure is properly regarded not as a
disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole,
which are designed ‘to secure the just, speedy and inexpensive determination of every action.’”
Id. at 327 (quoting Rule 1, Fed.R.Civ.P.).
IV.
ANALYSIS
Plaintiff’s Complaint alleges two causes of action. Count One states a claim for deliberate
indifference to Burrell’s medical needs under the Eighth Amendment and Count Two states a
claim for wrongful death. Norris seeks summary judgment on both counts.
A. Count One – Deliberate Indifference (Qualified Immunity)
Norris first asks the Court to grant his summary judgment motion on Plaintiff’s claim that
he acted with deliberate indifference to Burrell's serious medical needs. Deliberate indifference
5
to the serious medical needs of an inmate constitutes cruel and unusual punishment in violation
of the Eighth Amendment. Estelle v. Gamble, 429 U.S. 97, 104 (1976). To establish a claim for
deliberate indifference to a serious medical need, Plaintiff must show: (1) Burrell had an
objectively serious medical need; (2) Norris acted with deliberate indifference to that need; and
(3) causation between that deliberate indifference and Burrell’s death. See Wade v. United
States, 13 F.4th 1217, 1225 (11th Cir. 2021); Taylor v. Hughes, 920 F.3d 729, 733 (11th Cir. 2019).
An objectively serious medical need is a need “that, if left unattended, poses a substantial risk of
serious harm.” Mann v. Taser Int'l, Inc., 588 F.3d 1291, 1307 (11th Cir. 2009) (quoting Farrow v.
West, 320 F.3d 1235, 1243 (11th Cir. 2003)).
Norris contends he is entitled to summary judgment on this claim because he is entitled
to qualified immunity. The affirmative defense of qualified immunity is “an entitlement not to
stand trial or face the other burdens of litigation, conditioned on the resolution of the essentially
legal immunity question.” Behrens v. Pelletier, 516 U.S. 299, 306, 116 S. Ct. 834, 133 L. Ed. 2d
773 (1996) (internal quotation marks omitted). “The purpose of [qualified] immunity is to allow
government officials to carry out their discretionary duties without the fear of personal liability
or harassing litigation, protecting from suit all but the plainly incompetent or one who is
knowingly violating the federal law.” Lee v. Ferraro, 284 F.3d 1188, 1194 (11th Cir. 2002).
“Qualified immunity offers complete protection for government officials sued in their individual
capacities if their conduct ‘does not violate clearly established statutory or constitutional rights
of which a reasonable person would have known.’” Vinyard v. Wilson, 311 F.3d 1340, 1346 (11th
Cir. 2002) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). The public policy purpose
undergirding the defense of qualified immunity is that of allowing public officials to perform
6
discretionary functions without the fear of personal liability or harassing litigation. See, e.g.,
Anderson v. Creighton, 483 U.S. 635, 638 (1987); McClish v. Nugent, 483 F.3d 1231, 1237 (11th
Cir. 2007); see also Messerschmidt v. Millender, 565 U.S. 535, 546 (2012) (Qualified immunity
“gives government officials breathing room to make reasonable but mistaken judgments,” and
“protects ‘all but the plainly incompetent or those who knowingly violate the law.’”).
The qualified immunity analysis does not consider an officer’s alleged subjective intent;
rather, it “turns on the ‘objective legal reasonableness’ of the action, assessed in light of the legal
rules that were clearly established at the time it was taken.” Messerschmidt v. Millender, 565
U.S. 535, 546 (2012). “A clearly established right is one that is sufficiently clear that every
reasonable official would have understood that what he is doing violates that right.” Mullenix v.
Luna, 577 U.S. 7, 11 (2015).
1. Scope of Discretionary Authority
The Court must first determine whether Norris was acting within the scope of his
discretionary authority, because that [or “acting within the scope of discretionary authority”] is
necessary to the application of qualified immunity.
O’Rourke v. Hayes, 378 F.3d 1201, 1205
(11th Cir. 2004). “To determine whether an official was engaged in a discretionary function,
[courts] consider whether the acts the official undertook ‘are of a type that fell within the
employee’s job responsibilities.’” Crosby v. Monroe County, 394 F.3d 1328, 1332 (11th Cir. 2004)
(citing Holloman ex rel. Holloman v. Harland, 370 F.3d 1252, 1265 (11th Cir. 2004)). In applying
this test, courts consider the “general nature of the defendant’s action, temporarily putting aside
the fact that it may have been committed for an unconstitutional purpose, in an unconstitutional
7
manner, to an unconstitutional extent, or under constitutionally inappropriate circumstances.”
Holloman, 370 F.3d at 1266.
Here, Plaintiff’s claims arise from Norris’ actions as Chief Deputy Sheriff and actions of
other jail personnel he supervised and directed related to operating the Clarke County Jail. Norris
relies on Section 14-6-1 of the Alabama Code in support of the proposition that he was acting
within the scope of his discretionary authority. See Ala. Code § 14-6-1. Section 14-6-1 states:
The sheriff has the legal custody and charge of the jail in his or her county and all
prisoners committed thereto, except in cases otherwise provided by law. The
sheriff may employ persons to carry out his or her duty to operate the jail and
supervise the inmates housed therein for whose acts he or she is civilly
responsible. Persons so employed by the sheriff shall be acting for and under the
direction and supervision of the sheriff and shall be entitled to the same
immunities and legal protections granted to the sheriff under the general laws and
the Constitution of Alabama of 1901, as long as such persons are acting within the
line and scope of their duties and are acting in compliance with the law.
Id.
Although neither party raised the question of whether Norris (and/or the Sheriff) had
legal authority to order Burrell’s release from custody before the completion of his sentence, the
Court raised this question during oral argument. At the Court’s request, the parties provided
extensive additional briefing.
Supporting his contention he was operating within his discretionary authority, Norris
makes three arguments: (1) Plaintiff waived the issue by not contesting it in response to summary
judgment, (2) Norris was actually acting within the scope of his discretionary authority, (3) The
United States Supreme Court has never included the discretionary authority element in the
qualified immunity analysis, so it’s really not required.
8
The Court will address Norris’ contention that he was acting within his discretionary
function at all material times in this case.3 During oral argument, the Court’s question was under
what authority Norris could have ordered Burrell released. Norris suggests the questions raised
by the Court during oral argument essentially consider the question of discretionary authority
too narrowly. The Court was concerned that because Burrell was serving a sentence imposed by
a judicial officer, it seemed curious that the Sheriff (or his Chief Deputy) could simply decide that
Burrell’s sentence had been fully served because of the urgent medical symptoms he was
exhibiting.
By way of response, Norris contends the Sheriff could release Burrell because he was
merely a municipal prisoner, and the Sheriff was not obligated to hold him in the Clarke County
Jail.4 Norris contends the sheriff is not required by Alabama law to “enforce the municipal court’s
sentence by accepting and retaining prisoners like Burrell who have been convicted of violating
municipal ordinances.” (Doc. 127 at 2). Norris relies on several opinions issued by the Alabama
Attorney General noting that the Sheriff and a municipality may enter contractual arrangements
to accept such prisoners. No one disputes these opinions – but the cited opinions do not address
the situation presented by this case.
There are no facts before the Court regarding the terms of any contractual arrangement
between the Clarke County Sheriff, the Clarke County Commission, and the City of Jackson
addressing the confinement of municipal prisoners in the Clarke County Jail. There is no
3
The Court will address only the second argument as the Eleventh Circuit requires the discretionary authority
analysis and this Court questioned whether Norris’ actions were within his discretionary authority.
4
Norris tries to qualify this position by noting that he “is not arguing that the Clarke County Sheriff is per se
authorized to override or change a sentence handed down by a municipal court.” The Court disagrees with Norris’
qualification – to the contrary, this appears to be exactly what he is arguing.
9
suggestion the municipal judge of the City of Jackson compelled the Clarke County Sheriff to
accept Burrell. It is undisputed that Burrell was committed to but had not completed serving his
sixty-day municipal sentence in the Clarke County Jail at the time he began exhibiting symptoms
of a heart attack.
Norris steadfastly maintains that Plaintiff’s allegations against him stem only from his
decision not to call 911 and instead transport Burrell to the hospital in his Sheriff’s Department
vehicle. This represents an unreasonably narrow reading of the Plaintiff’s allegations and the
opinions expressed by Plaintiff’s expert witness Dr. Sonja Harris-Haywood. At this point,
Plaintiff’s theory of this case appears to be that Norris demonstrated deliberate indifference to
Burrell by (1) deciding not to call 911, (2) by deciding to transport Burrell directly to the hospital
and (3) directing Burrell’s release for “time served” and in the process, requiring him to walk
throughout the jail and change into street clothes while standing, exerting himself unnecessarily.
The Court believes theories one and two fall within the discretionary function of a law
enforcement officer administering a jail. The Court, however, cannot make the leap required to
find Norris (or any law enforcement officer) had the authority to order Burrell’s release and all
that entailed.
Norris cautions the Court to restrict the discretionary function analysis to the “general
nature of the defendant’s action, temporarily putting aside the fact that it may have been
committed for an unconstitutional purpose, in an unconstitutional manner, to an
unconstitutional extent, or under constitutionally inappropriate circumstances.” (Doc. 125 at 9
(quoting Holloman, 370 F.3d at 1266). Norris further points out that the Eleventh Circuit has
found qualified immunity to apply if the actions in question “(1) were undertaken pursuant to
10
the performance of his duties, and (2) were ‘within the scope of his authority.’” Id. (quoting
Jordan v. Doe, 38 F.3d 1559, 1566 (11th Cir. 1994)).
Norris also contends Plaintiff failed to demonstrate that he lacked the authority to release
Burrell. In asking this Court to afford him qualified immunity, it is Norris who must make this
showing. Instead, Norris asks this Court to endorse the premise that because the Sheriff cannot
be made to accept municipal prisoners, once he does accept them, such prisoners may be
discharged at any time the Sheriff sees fit.5 If such were the case the Sheriff would assume de
facto appellate oversite of the sentences for any municipal convicts he voluntarily accepts into
the county jail. Norris fails to cite any authority for such a dubious notion.
The Court finds, based on the record before it, that releasing Burrell was an action
inconsistent with Norris’ statutory duties of operating the jail. The Court finds Norris was not
acting within the scope of his discretionary authority. As a result, Norris is not entitled to
qualified immunity.
2. Is Qualified Immunity Proper?
Because the Court found that the first two theories asserted by Plaintiff fall within the
discretionary authority of Norris, the Court next employs a two-part analysis to determine
whether qualified immunity is proper. First, the Court must determine whether there was a
constitutional violation and then the Court determines whether the constitutional right in
question was clearly established. See Saucier v. Katz, 533 U.S. 194, 201 (2001).
5
Norris alternatively suggests that even if the Sheriff did not have the authority to release Burrell, such action would
merely render the release order void. As this suggestion goes, Burrell would simply have continued to be in custody
while he was at the hospital. This alternative argument simply makes clear to the Court that such a decision could
never be within the discretionary function of Norris.
11
a. Was there a Constitutional Violation – Deliberate Indifference to
Burrell’s serious medical needs?
Plaintiff alleges Burrell was in medical distress and not given the proper emergency
medical care or medical assistance. The Supreme Court has cautioned that not every allegation
of inadequate medical treatment states a constitutional violation. See Estelle, 429 U.S. at 105.
In situations relating to medical care, “an official acts with deliberate indifference when he or she
knows that an inmate is in serious need of medical care, but he fails or refuses to obtain medical
treatment for the inmate.” McElligott v. Foley, 182 F.3d 1248, 1255 (11th Cir. 1999). Three tests
inform the Court whether Plaintiff’s deliberate indifference claim against Norris will survive
summary judgment. “First, [Plaintiff] must satisfy the objective component by showing that
[Burrell] had a serious medical need.” Bozeman v. Orum, 422 F.3d 1265, 1272 (11th Cir. 2005)
(per curiam). “Second, [Plaintiff] must satisfy the subjective component by showing that [Norris]
acted with deliberate indifference to [Burrell’s] serious medical need.” Bozeman, 422 F.3d at
1272). “Third, as with any tort claim, [Plaintiff] must show that the injury was caused by the
defendant's wrongful conduct.” See Hale v. Tallapoosa County, 50 F.3d 1579, 1582 (11th Cir.
1995).
b. Did Burrell’s high blood pressure and difficulty breathing qualify as a
serious medical need? (OBJECTIVE TEST)
A serious medical need sufficient to satisfy the objective component is “one that has been
diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person
would easily recognize the necessity for a doctor's attention.” Mann, 588 F.3d at 1307 (11th Cir.
2009) (citing Hill v. Dekalb Reg’l Youth Det. Ctr., 40 F.3d 1176, 1187 (11th Cir. 1994), overruled in
part on other grounds by Hope v. Pelzer, 536 U.S. 730, 739 (2002)). Here Norris does not dispute
12
that Burrell’s medical needs presented a serious medical condition satisfying the objective test.
The Court agrees.
c. Did Norris Act with Deliberate Indifference to Burrell’s Serious
Medical Need? (SUBJECTIVE TEST)
“The subjective component of the test for this type of Eighth Amendment violation
requires a showing that a prison official acted with deliberate indifference to the prisoner’s
serious medical need.” Goebert, 510 F.3d at 1326 (citing Bozeman, 422 F.3d at 1272). “This
means that the ‘[p]laintiff must prove three things: (1) subjective knowledge of a risk of serious
harm; (2) disregard of that risk; (3) by conduct that is more than [gross] negligence.’” Goebert,
510 F.3d at 1326-27 (citing Bozeman, 422 F.3d at 1272) (second alteration in original)). In Farmer
v. Brennan, the Supreme Court has described the level of conduct a plaintiff must prove as akin
to criminal recklessness. 511 U.S. 825, 839-40 (1994) (stating “subjective recklessness as used in
the criminal law is a familiar and workable standard that is consistent with the Cruel and Unusual
Punishment Clause as interpreted in our cases, and we adopt it as the test for “deliberate
indifference” under the Eighth Amendment”).
d. Did Norris Have Subjective Knowledge of a Risk of Serious Harm?
The Court is persuaded that Norris had subjective knowledge of the risk of serious harm
to Burrell. Norris is the survivor of a heart attack. Norris acknowledges this fact through his
testimony and argument.
e. Did Norris Disregard the risk of Serious Harm to Burrell?
Plaintiff argues, and expert witness Dr. Sonja Harris-Haywood opined, that Norris should
have first engaged emergency services and Burrell should not have been made to ambulate
throughout the jail, change his clothes, walk himself outside, and load himself into Norris’ vehicle.
13
(Doc. 98). In other words, Plaintiff contends the decision not to call 911, the decision to drive
Burrell to the hospital, the decision to release Burrell specifically causing him to ambulate
throughout the jail and change into street clothes all constitute disregard of the risk of serious
harm.
Norris’ response to Plaintiff’s arguments on this issue is curious. Norris describes
Plaintiff’s argument against summary judgment as focused exclusively on the fact that neither
Norris nor jail personal called 911 and that Norris drove Burrell to the hospital himself. Norris
keys on the delays that often occur in the Grove Hill community because of the limited ambulance
service available. Norris knows this from his own heart attack and the decision he and his wife
made to drive him to the hospital rather than calling 911. All are valid points, but do not change
the fact that no one at the jail called 911 to even see if ambulance services were available during
the time he was driving back to the jail – so we will never know. Had emergency services been
called, this would not be an open question of material fact.
Norris also addresses the question of whether it was appropriate for him to have Burrell
released from jail so he could be responsible for his own medical care. At this point, it is the
Court’s concern that Norris has no authority to commute a sentence announced by a duly
appointed judicial officer.6 Moreover, Plaintiff’s expert contends that the process of releasing
6
The record actually indicates Norris doubted the authority to commute Burrell’s sentence:
Q. All right. We were talking about the statement or the summary of the statement here is a better
word. All right. You called the sheriff and it says, and they were going to release Burrell on time
served. So what I want to talk about is what does that mean, released on time served?
A. That he was going to be released from the jail on his own recognizance. Basically the sheriff had
the authority to give him time served so he could go to the doctor on his own expense instead of
the county's expense.
Q. And who gave him that authority?
A. Well, I don't know. He's the sheriff.
14
Burrell involved otherwise unnecessary exertions, significantly compromising his health. To this
argument, Norris offers no response. The Court specifically finds that genuine issues of material
fact render summary judgment inappropriate.
f. Was Norris’ Conduct More than Gross Negligence?
As to whether Norris’ actions constitute something more than gross negligence, the Court
is persuaded that there is evidence from which a jury could find Norris amounted to more than
gross negligence. “A claim for gross negligence must state the same elements required for
negligence, the defendant's knowledge of the probable consequences of not taking care, as well
as an indifference to those consequences.” Upton v. Plantation Pipe Line Co., No. 2:17-CV-00771LSC, 2018 WL 813244, at *3 (N.D. Ala. Feb. 9, 2018) (citing Wilkinson v. Searcy, 76 Ala. 176, 181
(Ala. 1884)). The decision to have Burrell ambulate and exert himself by changing into his street
clothes before being transported to the hospital provides sufficient evidence in this case. “When
prison guards ignore without explanation a prisoner's serious medical condition that is known or
obvious to them, the trier of fact may infer deliberate indifference.” Harris v. Coweta County, 21
F.3d 388, 393 (11th Cir.1994).
Q. Well, he was -- my understanding Burrell was there based on a charge and a sentence stemming
from something related in the city of Jackson?
A. That's right.
Q. So they have a judge there from what I understand.
A. Who?
Q. For the city, city of Jackson?
A. Yes, but the sheriff is over this jail.
Q. And he has the authority to commute someone's sentence early and release them?
A. So he thinks.
Q. Okay. Had you seen that done before this date -A. Absolutely.
(Doc. 83-20 at 58-59).
15
Plaintiff has offered un-refuted expert testimony supporting this position.
This is
particularly significant considering Norris’ arguments relating to the propriety of releasing
Burrell. If Burrell had been released from the Clarke County Jail, what did it matter what he was
wearing when he reached the hospital? The Eleventh Circuit has repeatedly held that deliberate
indifference includes the “delay of treatment for obviously serious conditions where it is
apparent that delay would detrimentally exacerbate the medical problem, where the delay does
seriously exacerbate the medical problem, and where the delay is medically unjustified.” Fields
v. Corizon Health, Inc., 490 F. App'x 174, 182 (11th Cir. 2012) (internal quotations omitted). And
a conscious decision to “take an easier and less efficacious course of treatment also constitutes
deliberate indifferen[ce].” Waldrop v. Evans, 871 F.2d 1030, 1033 (11th Cir. 1989); see also
Melton v. Abston, 841 F.3d 1207, 1223 (11th Cir. 2016) (abrogated on other grounds) (“A
defendant who unreasonably fails to respond or refuses to treat an inmate's need for medical
care or one who delays necessary treatment without explanation or for non-medical reasons may
also exhibit deliberate indifference.”).
Accordingly, at this stage and on this record, Norris is not entitled to summary judgment
on Count One of the Complaint.
B. Count Two – Wrongful Death
As far as Count Two goes, Norris also contends he is entitled to summary judgment. “The
law is clear in Alabama that sheriffs are constitutionally established executive officers of the State
of Alabama.” Ex parte Sumter County, 953 So. 2d 1235, 1239 (Ala. 2006). Under Article I, Section
14, of the Alabama Constitution, sheriffs and deputy sheriffs have absolute immunity from
lawsuits when “acting within the line and scope of their employment.” Ex parte Sumter County,
16
953 So. 2d at 1239 (internal citations omitted). These Alabama Supreme Court cases are
consistent with the text of the Alabama Jailer Liability Protection Act which states:
The sheriff has the legal custody and charge of the jail in his or her county and all
prisoners committed thereto, except in cases otherwise provided by law. The
sheriff may employ persons to carry out his or her duty to operate the jail and
supervise the inmates housed therein for whose acts he or she is civilly
responsible. Persons so employed by the sheriff shall be acting for and under the
direction and supervision of the sheriff and shall be entitled to the same
immunities and legal protections granted to the sheriff under the general laws and
the Constitution of Alabama of 1901, as long as such persons are acting within
the line and scope of their duties and are acting in compliance with the law.
Ala. Code § 14-6-1 (emphasis added).
In this case, the Court has found Norris was not acting in the line and scope of his duties
or in compliance with the law when he ordered directed Burrell be released from the jail on the
basis of “time served.” (Doc 83-20 at 59-60). On the basis of this finding summary judgment is
not warranted on Count II of the Complaint.
V.
CONCLUSION
For the foregoing reasons Norris’ Motion for Summary Judgment is DENIED.
DONE and ORDERED this 27th day of March, 2023.
/s/ JEFFREY U. BEAVERSTOCK
CHIEF UNITED STATES DISTRICT JUDGE
17
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?