Litigation related to suicide in jails and prisons is not an uncommon occurrence. This article summarizes the basic legal premises behind such litigations, which involve claims of medical malpractice and/or deliberate indifference. Common causes of omissions and commissions in correctional mental health care practice leading to such litigation are outlined. A few select court decisions are reviewed and, based on the author’s experience, risk management strategies and procedures for clinicians and for correctional officers are provided.
Bowring v. Godwin, 551 F.2d 44, 47 (4th Cir. 1977).
2.
Clouthier et al. v. Contra Costa County et al., Summary Judgment, ND, Calif. (2007).
3.
Comstock v. McCrary, 273 F.3d 693 (6th Cir. 2001).
4.
DanielA.E. (2006). Preventing suicide in prison: A collaborative responsibility of administrative, custody and clinical staff. Journal of American Academy of Psychiatry and the Law, 34, 165-175.
5.
DantoB.L. (1997). Suicide litigation as an agent of change in jail and prison: An initial report. Behavior Science and Law, 15, 415-425.
6.
Dunn v. Voinovich, S.D. Ohio (1995).
7.
Estelle v. Gamble, 429 U.S. 97 (1976).
8.
Farmer v. Brennan, 511 U.S. 825, 836 (1994).
9.
Greason v. Kemp (11th Cir. 1990).
10.
HayesL. (2003, Fall). Woodward v. Myres, et al. A favorable court ruling and large jury verdict for the plaintiff. Jail Suicide/Mental Health Update, 12(3), 5-13.
11.
Konrad N., Daigle M. S., Daniel A. E., Dear G., Frottier P., Hayes L. M., et al. (2007). Preventing suicide in jails and prisons. Geneva: World Health Organization.
12.
Metzner J.L. (2002). Class action litigation in correctional psychiatry. Journal of American Academy of Psychiatry and the Law, 30, 19-29.
13.
Monell v. New York Department of Social Services, 436 U.S. 658, 694 (1978).
