Morgan v. Wayne County, Michigan, No. 21-1411 (6th Cir. 2022)
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Morgan was diagnosed with Bipolar Disorder, ADHD, and depression. While incarcerated at Wayne County Jail, charged with assaulting a prison guard, Morgan suffered from hallucinations, heard voices, and attempted suicide. She was transferred to UCH, a private entity contracted to provide mental health services. Usually, three deputies and two-three UCH employees were present in the UCH ward. Despite blind spots, unlocked bedroom doors, and the necessity that deputies leave the ward to use the restroom, there had never been a reported incident at UCH involving sexual activity between inmates until November 15, 2005. That afternoon, Morgan asked UCH employee Williams for toilet paper. Other staff had left the ward to use the restroom and for lunch breaks. When Williams returned, he discovered Morgan n the room of a male inmate, Miles, apparently engaged in sexual intercourse. Morgan stated that she took “responsibility for everything.” Morgan and Miles declined to continue the investigation. In August 2006, Morgan gave birth to a child, apparently fathered by Miles. Morgan filed suit.
The district court granted the county governmental immunity on her state law claims, found that the deputies were entitled to qualified immunity, rejected a claim of supervisory liability, and held that Morgan’s Monell claims failed as a matter of law. The Sixth Circuit affirmed. There was no evidence of deliberate indifference nor authority for the proposition that the Eighth Amendment requires men and women to be housed separately.
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