5th Circuit to public employees: Qualified immunity isn’t free pass

You might have heard of “qualified immunity,” which is a controversial defense afforded to public employees alleged to have violated a person’s constitutional rights. The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) recently issued an opinion stressing to public employers and employees that the defense won’t always be a winner.

Prisoner dies in his cell

Marshawn Williams died in his cell. He was arrested for his involvement in a domestic dispute in which he was assaulted with a metal pipe. During booking, he slipped in and out of consciousness. At one point, he urinated on himself and slumped out of a chair in which he was sitting. While being placed in his cell, he told the police officers, “I need my medical assistance; I can’t breathe. I need some help. I need you to call my family.”

Williams’ family came to the police station and told the officers he suffered from a medical condition involving the failure of his blood to properly clot. Fellow prisoners banged—for two to three hours—on their cell bars asking for help for him. His cellmate had to prop him up to go the bathroom. The response? Nothing.

At 2:15 a.m., officers found Williams dead in his cell. The autopsy showed he died from a lacerated liver and extensive internal bleeding. His family then sued the city for violating his constitutional rights.

Why is there a claim?

Much has been written in the last few months about what is a constitutional right. Here, we have the Bill of Rights (the first Ten Amendments to the Constitution) and the 14th Amendment.