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Prisoner Suicide Federal Civil Rights Lawsuit Settled for Deliberate Indifference

Prisoner Suicide Federal Civil Rights Lawsuit Settled for Deliberate
Indifference

A federal district court in Maine has dismissed claims of deliberate
indifference against two Somerset County Deputy Sheriffs in a lawsuit
filed by Mary Martin, personal representative of the estate of Joseph
Hayes (her son) while he was incarcerated at the Somerset County jail. The
district court held that the Deputy Sheriffs neither had contact nor
control over the decedent's situation, or that they had attempted to
resuscitate him after having discovered his suicide. The county and one
remaining Deputy Sheriff settled the lawsuit for an undisclosed amount.

The court ruled that the evidence did not support Martin's claim of
deliberate indifference for three of the four Deputy Sheriffs involved in
the incident. The remaining Deputy Sheriff and the county were found
liable since the Deputy had ignored the decedent while in a holding cell
by pulling down a window shade in the control room when the decedent
committed suicide. See: Martin v. Somerset County, 387 F.Supp.2d 65 (D.Me.
2005).

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Related legal case

Martin v. Somerset County

Martin v. Somerset County, 387 F.Supp.2d 65 (D.Me. 09/16/2005)

[1] UNITED STATES DISTRICT COURT DISTRICT OF MAINE


[2] Civil No. 04-124-B-W


[3] 387 F.Supp.2d 65, 2005


[4] September 16, 2005


[5] MARY MARTIN, IN HER CAPACITY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOSEPH HAYES, PLAINTIFF,
v.
SOMERSET COUNTY, ET AL., DEFENDANTS.


[6] Plaintiff Mary Martin In her capacity as Personal Representative of the Estate of Joseph Hayes represented by Benjamin James Smith Lipman, Katz & Mckee P.O. Box 1051 Augusta, ME 04332-1051 (207) 622-3711 Email: bsmith@lipmankatzmckee.com Lead Attorney Attorney TO BE Noticed


[7] Robert J. Stolt Lipman, Katz & Mckee P.O. Box 1051 Augusta, ME 04332-1051 207-622-3711 Email: rstolt@lipmankatzmckee.com Lead Attorney Attorney TO BE Noticed


[8] Defendant Somerset, County OF represented by Michael J. Schmidt Wheeler & Arey, P.A. 27 Temple Street P. O. Box 376 Waterville, ME 04901 873-7771 Email: mschmidt@wheelerlegal.com Attorney TO BE Noticed


[9] Defendant Barry Delong represented by Michael J. Schmidt Individually and in his official capacity as Sheriff of Somerset County (See above for address) Attorney TO BE Noticed


[10] Defendant John Davis represented by Michael J. Schmidt (See above for address) Attorney TO BE Noticed


[11] Defendant Frederick Hartley represented by Michael J. Schmidt (See above for address) Attorney TO BE Noticed


[12] Defendant Daniel Rivard represented by Michael J. Schmidt (See above for address) Attorney TO BE Noticed


[13] The opinion of the court was delivered by: John A. Woodcock, Jr. United States District Judge


[14] ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE


[15] No objections having been filed to the Magistrate Judge's Recommended Decision filed August 26, 2005, the Recommended Decision is accepted.


[16] 1. It is therefore ORDERED that the Motion for Summary Judgment is DENIED as to the deliberate indifference claims and state law tort claims against Frederick Hartley and John Davis for their pre-hanging conduct.


[17] 2. It is further ORDERED that the Count under the American's with Disability Act and the state law claims against Somerset County and Sheriff Delong in his official capacity are DISMISSED.


[18] 3. It is further ORDERED that the Motion for Summary Judgment on the deliberate indifference claims against Daniel Rivard, Sheriff Delong, and Somerset County, as well as the Maine Tort Claims Act and wrongful death counts against Rivard and Delong in their individual capacities is GRANTED.


[19] SO ORDERED.