On May 7, 2007, Jerry Rouster was arrested on a misdemeanor charge of contempt of court for failing to pay court fines related to an incident of driving on a suspended license. He was brought to Saginaw to be held pending an appearance in court. The arresting officer did not notice any obvious signs that Jerry was intoxicated, such as bloodshot eyes, slurring of speech, or the odor of alcohol on Jerry’s breath. R. 99-3 (Lutz Dep. at 24) (Page ID #1858). However, the individual who conducted Jerry’s intake screening at Saginaw noted that he was “[u]nder the influence of drugs/alcohol.” R. 95-2 (Intake Screening Form) (Page ID #900). Jerry was placed in a “general population” cell with several other inmates until he appeared before a judge on the morning of May 9. The judge sentenced Jerry to an additional three days in jail, and Jerry returned to a general population cell.
A. The First Shift – Cathleen Conley
At approximately 8:00 on the evening of May 9, Jerry began complaining of stomach pains and abdominal cramping. A corrections officer (“CO”) called Cathleen Conley, the Registered Medical Assistant (“RMA”) on duty, to see Jerry in the general population cell. When Conley arrived, Jerry was lying on the floor. R. 95-3 (Conley Dep. at 29) (Page ID #942). He did not respond to her questions about how he was feeling, and he would not get up off the floor to speak to her or show her any identification. Id. at 31–33 (Page ID #944–46). Pursuant to Saginaw procedure, Conley was not permitted to enter the general population cell to examine Jerry where other inmates were present. Id. at 31 (Page ID #944). Therefore, Conley asked the COs to bring Jerry to the medical department when he got up. A few minutes later, Jerry walked into the medical clinic. Id. at 34 (Page ID #947).
Judge(s): Karen Nelson Moore
Jurisdiction: U.S. Court of Appeals, Sixth Circuit
Related Categories: Agriculture , Civil Remedies , Civil Rights , Constitutional Law , Criminal Justice , Expert Witness , Government / Politics , Health Care , Malpractice , Torts , Transportation
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Christopher Desmond||Johnson Law PLC|
|Ven Johnson||Johnson Law PLC|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Brian MacDonald||Cline Cline & Griffin PC|
|Paul Vance||Cline Cline & Griffin PC|
|Susan Zbikowski||Siemion Huckabay PC|