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Oregon Architects Not Liable For Design Negligence In Detainee Suicide
Oregon state prisoner Paul Lyche committed suicide by hanging himself in a
year old Washington County jail cell. Lyche's estate sued for negligence
on the part of the architects. The federal district court granted summary
judgment for the architects.
On appeal, the Ninth Circuit affirmed holding that under Oregon law,
liability of the architects could not be established just because a
prisoner found a way to commit suicide. Any other approach would "risk
exposing jail architects to endless suicide liability" regardless of the
county's decisions about design and the guard's decisions about placement
within the jail. This case settled for damages against the jail, see index
for details. See: Lyche v. Washington County, 171 Fed. Appx. 217 (9th
Cir. 2006).
year old Washington County jail cell. Lyche's estate sued for negligence
on the part of the architects. The federal district court granted summary
judgment for the architects.
On appeal, the Ninth Circuit affirmed holding that under Oregon law,
liability of the architects could not be established just because a
prisoner found a way to commit suicide. Any other approach would "risk
exposing jail architects to endless suicide liability" regardless of the
county's decisions about design and the guard's decisions about placement
within the jail. This case settled for damages against the jail, see index
for details. See: Lyche v. Washington County, 171 Fed. Appx. 217 (9th
Cir. 2006).
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Related legal case
Lyche v. Washington County
| Year | 2006 |
|---|---|
| Cite | 171 Fed. Appx. 217 (9th Cir. 2006) |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
[U] Lyche v. Washington County, 171 Fed.Appx. 217 (9th Cir. 03/16/2006)
[1] UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
[2] No. 04-35966
[3] 171 Fed.Appx. 217
[4] March 16, 2006
[5] PAUL LYCHE, ESTATE OF; MARY LYCHE, PERSONAL REPRESENTATIVE, PLAINTIFFS-APPELLANTS,
v.
WASHINGTON COUNTY; RICHARD GARRICK; PETER OLSON; STEPHEN WILHELM; HENNINGSON DURHAM & RICHARDSON, INC., DBA HDR ARCHITECTURE, INC., A NEBRASKA CORPORATION, QUALIFIED TO DO BUSINESS IN OREGON; ROBERT J. FRASCA; GREGORY S. BALDWIN; DANIEL J. HUBERTY; ROBERT G. PACKARD, III; LARRY S. BRUTON; R. DOSS MABE; EVERETT J. RUFFCOM; H. RANDY LEACH; KENNETH D. SANDERS; KARL R. SONNENBERG, DBA ZIMMER GUNSUL FRASCA PARTNERSHIP ARCHITECTURE/ PLANNING/INTERIOR DESIGN, AN OREGON PARTNERSHIP; PRISON HEALTH SERVICES INC., A TENNESSEE CORPORATION QUALIFIED TO DO BUSINESS IN OREGON, DEFENDANTS-APPELLEES.
[6] Appeal from the United States District Court for the District of Oregon Robert E. Jones, District Judge, Presiding D.C. No. CV-01-00418-JE (REJ).
[7] NOT FOR PUBLICATION
[8] MEMORANDUM*fn1
[9] Argued and Submitted March 6, 2006 -- Portland, Oregon.
[10] Before: FERNANDEZ, TASHIMA, and PAEZ, Circuit Judges.
[11] The Estate of Paul Lyche appeals the district court's grant of summary judgment to Zimmer Gunsul Frasca Partnership and its partners and to HDR Architecture, Inc. (collectively the Architects). The district court held that as a matter of law the Architects, who designed a jail facility for Washington County, Oregon, were not liable in negligence to the Estate for the suicide of Paul Lyche in one of the cells. We affirm.
[12] The Estate claims that under Oregon law, the Architects may be liable in negligence. However, we agree with the district court that on this record the Oregon courts, as a matter of law, would not fasten negligence liability upon the Architects. Under Oregon law, liability of the Architects could not be established by the mere fact that Lyche found a way to commit suicide by discovering a place from which to hang himself in a standard jail cell about a year after the jail facility was turned over to the County. See Or. Steel Mills, Inc. v. Coopers & Lybrand, LLP, 83 P.3d 322, 327--28, 330 (Or. 2004); Buchler v. State ex rel. Or. Corr. Div., 853 P.2d 798, 803--05 (Or. 1993); Fazzolari ex rel. Fazzolari v. Portland Sch. Dist. No. 1J, 734 P.2d 1326, 1336 (Or. 1987); see also Bruzga v. PMR Architects, P.C., 693 A.2d 401, 402--04 (N.H. 1997) (architect of jail facility not liable for a suicide); Tittle v. Giattina, Fisher & Co., Architects, Inc., 597 So.2d 679, 681 (Ala. 1992) (same); La Bombarbe v. Phillips Swager Assocs. Inc., 474 N.E.2d 942, 944--45 (Ill. App. Ct. 1985) (same); cf. Harbaugh v. Coffinbarger, 543 S.E.2d 338, 346 (W. Va. 2000) (per curiam) (in general, suicide is an intervening cause that precludes liability); Krieg v. Massey, 781 P.2d 277, 279 (Mont. 1989) (same); McLaughlin v. Sullivan, 461 A.2d 123, 124 (N.H. 1983) (same). Indeed, any other approach would risk exposing jail architects to "endless suicide liability"*fn2 despite a county's own decisions about design and about placement of prisoners in particular cells within a facility.
[13] AFFIRMED.
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Opinion Footnotes
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[14] *fn1 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
[15] *fn2 Bruzga, 693 A.2d at 403.
[1] UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
[2] No. 04-35966
[3] 171 Fed.Appx. 217
[4] March 16, 2006
[5] PAUL LYCHE, ESTATE OF; MARY LYCHE, PERSONAL REPRESENTATIVE, PLAINTIFFS-APPELLANTS,
v.
WASHINGTON COUNTY; RICHARD GARRICK; PETER OLSON; STEPHEN WILHELM; HENNINGSON DURHAM & RICHARDSON, INC., DBA HDR ARCHITECTURE, INC., A NEBRASKA CORPORATION, QUALIFIED TO DO BUSINESS IN OREGON; ROBERT J. FRASCA; GREGORY S. BALDWIN; DANIEL J. HUBERTY; ROBERT G. PACKARD, III; LARRY S. BRUTON; R. DOSS MABE; EVERETT J. RUFFCOM; H. RANDY LEACH; KENNETH D. SANDERS; KARL R. SONNENBERG, DBA ZIMMER GUNSUL FRASCA PARTNERSHIP ARCHITECTURE/ PLANNING/INTERIOR DESIGN, AN OREGON PARTNERSHIP; PRISON HEALTH SERVICES INC., A TENNESSEE CORPORATION QUALIFIED TO DO BUSINESS IN OREGON, DEFENDANTS-APPELLEES.
[6] Appeal from the United States District Court for the District of Oregon Robert E. Jones, District Judge, Presiding D.C. No. CV-01-00418-JE (REJ).
[7] NOT FOR PUBLICATION
[8] MEMORANDUM*fn1
[9] Argued and Submitted March 6, 2006 -- Portland, Oregon.
[10] Before: FERNANDEZ, TASHIMA, and PAEZ, Circuit Judges.
[11] The Estate of Paul Lyche appeals the district court's grant of summary judgment to Zimmer Gunsul Frasca Partnership and its partners and to HDR Architecture, Inc. (collectively the Architects). The district court held that as a matter of law the Architects, who designed a jail facility for Washington County, Oregon, were not liable in negligence to the Estate for the suicide of Paul Lyche in one of the cells. We affirm.
[12] The Estate claims that under Oregon law, the Architects may be liable in negligence. However, we agree with the district court that on this record the Oregon courts, as a matter of law, would not fasten negligence liability upon the Architects. Under Oregon law, liability of the Architects could not be established by the mere fact that Lyche found a way to commit suicide by discovering a place from which to hang himself in a standard jail cell about a year after the jail facility was turned over to the County. See Or. Steel Mills, Inc. v. Coopers & Lybrand, LLP, 83 P.3d 322, 327--28, 330 (Or. 2004); Buchler v. State ex rel. Or. Corr. Div., 853 P.2d 798, 803--05 (Or. 1993); Fazzolari ex rel. Fazzolari v. Portland Sch. Dist. No. 1J, 734 P.2d 1326, 1336 (Or. 1987); see also Bruzga v. PMR Architects, P.C., 693 A.2d 401, 402--04 (N.H. 1997) (architect of jail facility not liable for a suicide); Tittle v. Giattina, Fisher & Co., Architects, Inc., 597 So.2d 679, 681 (Ala. 1992) (same); La Bombarbe v. Phillips Swager Assocs. Inc., 474 N.E.2d 942, 944--45 (Ill. App. Ct. 1985) (same); cf. Harbaugh v. Coffinbarger, 543 S.E.2d 338, 346 (W. Va. 2000) (per curiam) (in general, suicide is an intervening cause that precludes liability); Krieg v. Massey, 781 P.2d 277, 279 (Mont. 1989) (same); McLaughlin v. Sullivan, 461 A.2d 123, 124 (N.H. 1983) (same). Indeed, any other approach would risk exposing jail architects to "endless suicide liability"*fn2 despite a county's own decisions about design and about placement of prisoners in particular cells within a facility.
[13] AFFIRMED.
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Opinion Footnotes
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[14] *fn1 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
[15] *fn2 Bruzga, 693 A.2d at 403.