Estate of Zakora v. Chrisman, No. 21-1620 (6th Cir. 2022)
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Corrections officer Johnson found Zakora in his bunk, dead from accidental fentanyl toxicity. Earlier, another prisoner allegedly told Johnson and/or Mobley to check on Zakora. Mobley worked the night shift before Johnson’s shift started. Both officers stated in unrebutted affidavits that they had no knowledge that Zakora possessed, ingested, or intended to ingest illegal drugs. Mobley stated that he did not speak with Zakora during his shift, and no one advised him to check on Zakora; Johnson stated he discovered Zakora only seconds after a prisoner said that Zakora was not “doing too good.” Two other prisoners in the small unit were hospitalized from drug overdoses in the days before Zakora’s death, but no immediate investigation was undertaken. After Zakora’s death, a drug-detection dog gave positive indications of contraband in the unit.
Zakora’s overdose, according to his Estate’s 42 U.S.C. 1983 complaint, was the consequence of a longstanding problem of drug smuggling into Lakeland, orchestrated by an unidentified female corrections officer; an unidentified prisoner allegedly informed inspectors about the drug-smuggling ring. The estate claimed failure to protect Zakora, failure to promptly investigate other drug overdoses, and deliberate indifference to Zakora’s serious medical needs. The Sixth Circuit reversed the dismissal of the complaint, in part, The allegations state an Eighth Amendment failure-to-protect claim and a claim for supervisory liability against two defendants. The court did not consider qualified immunity.
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