Civil Rights — deliberate indifference

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights — deliberate indifference

Summary judgment was properly granted to defendants alleged to be deliberately indifferent to a plaintiff’s risk of suicide, where they only negligently failed to discover a razor blade the plaintiff had secreted in his wallet.

“Admittedly, the officers’ actions were not perfect. Specifically, the officers should have paid greater attention to the objects in Marc’s nylon wallet and they should have immediately inventoried the wallet for safekeeping. But this inattention to detail, although ultimately tragic, does not support a constitutional claim that the officers intentionally disregarded Marc’s known safety risks. We do not require perfection. Riccardo v. Rausch, 375 F.3d 521, 525 (7th Cir. 2004). Rather, we require Rosario to prove that the officers’ conduct was ‘something approaching a total unconcern’ for Marc’s welfare, Collins, 462 F.3d at 762, and evidence of such mistreatment is absent. The undisputed record reveals Deputy Winkler felt the foil packet and noted that it felt soft. Likewise, Deputy Brawn commented that the packet appeared to be a Band-Aid. The fact that the deputies were concerned enough to search Marc’s person and inspect the contents of the wallet contradicts Rosario’s theory that the officers were deliberately indifferent to Marc’s condition. The record also does not suggest that either deputy was reckless in permitting Marc to regain possession of his wallet. Rather, Deputy Winkler specifically placed the wallet in Marc’s shoe as a means of keeping the items away from the still-handcuffed Marc. Even though the officers took their eyes off the wallet for some period of time, that evidence does not support an inference that the officers recklessly allowed Marc to harm himself. Throughout their time with Marc, the officers plainly did more right than wrong. When we review the totality of their actions that night, we conclude that the officers did not act with deliberate indifference even if there were isolated missteps along the way.”

Affirmed.

11-2072 Rosario v. Brawn

Appeal from the United States District Court for the Eastern District of Wisconsin, Gorence, Mag. J., Kanne, J.