Kelson v. Clark, No. 20-10764 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed the district court's denial of Defendant Clark and Cox's motion to dismiss on the basis of qualified immunity for claims of failure to treat and the wrongful death of Hirschell Wayne Fletcher, Jr., who died from previously sustained head trauma while in custody.
The court agreed with plaintiffs that between when paramedics Clark and Cox arrived and allegedly failed to treat Fletcher, but before he was formally transported, a reasonable person in Fletcher's position—surrounded and confronted by five officers—may not have thought he was free to leave, and was therefore detained. In this case, plaintiffs alleged that Clark, Cox, and the surrounding officers harassed and laughed at Fletcher until he was transported to the detention facility, all without any medical treatment. As alleged, the court concluded that such conduct supports that the paramedics may have been both subjectively aware of, and disregarded, Fletcher's serious risk of injury. Furthermore, it is undisputed that, at the time Clark and Cox allegedly failed to treat Fletcher, the law was clearly established that pretrial detainees have a Fourteenth Amendment right to medical care.