Failure to Protect Prisoner

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7^th Circuit Court of Appeals

Case Name: Estate of Gavin Wallmow v. Oneida County, Wisconsin

Case No.: 23-2141

Officials: Easterbrook, Scudder, and St. Eve, Circuit Judges.

Focus: Failure to Protect Prisoner

On July 4, 2021, Wallmow was arrested for violating his probation and was placed in Oneida County jail. Upon his booking, Wallmow denied any suicidal tendencies or mental health issues. Two days later, when Wallmow’s probation officer visited him, she noticed a change in his behavior, including self-harming actions and expressing disturbing thoughts. She promptly reported this to a corrections officer at the jail, who then informed their superior. Despite these reports, Wallmow appeared to behave normally during routine checks. Tragically, on July 8, Wallmow was discovered unresponsive in his cell, having taken his own life. His estate initiated a series of constitutional claims under 42 U.S.C. § 1983, alleging that the jail staff failed to protect Wallmow from himself.

The Western District of Wisconsin granted summary judgment to the defendants, determining that the evidence didn’t support the inference that any defendant knew Wallmow faced a serious risk of harm. Moreover, the court found no basis to conclude that the County’s policies were inadequate, given the absence of a pattern of suicides to alert them.

The Seventh Circuit found that the jail staff had taken reasonable precautions, including conducting checks on Wallmow at least 37 times per day. Additionally, Wallmow had thrice denied any suicidal risk, and there were no indications to the contrary after his conversation with his probation officer. The court concluded that the actions of the jail staff complied with the requirements of the Constitution.

Affirmed.

Decided 04/17/24

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