Smith v. Whitsel

134 F.4th 962 (7th Cir. 2025) · United States Court of Appeals for the Seventh Circuit · April 17, 2025 · No. 24-1694

Summary

This Seventh Circuit per curiam opinion dismisses an interlocutory appeal by a correctional officer who was denied qualified immunity in a § 1983 action alleging he failed to provide adequate medical care to a detainee who died in jail. The appellate court held that it lacks jurisdiction because the qualified immunity determination depends on resolving disputed material facts regarding the officer's observations and duties, which cannot be reviewed at this stage. The court emphasizes that interlocutory appeals denying qualified immunity are strictly limited to pure questions of law.

Court
United States Court of Appeals for the Seventh Circuit
Writing for the Court
Brennan; St. Eve; Maldonado
Jurisdiction
United States Court of Appeals for the Seventh Circuit
Decision date
April 17, 2025
Docket number
24-1694
Procedural posture
Interlocutory appeal from the United States District Court for the Central District of Illinois, No. 20-2203, challenging the district court’s denial of summary judgment and qualified‑immunity claim.
Standard of review
de novo, subject to factual dispute
Precedential value
published
Parties
Michael Whitsel v. Kelsey Jill Smith, as Administrator of the Estate of Dalynn Kee, and on behalf of her Next of Kin
Disposition
dismissed

Topics

qualified immunitycivil rightsprisoners rightsgovernment liability

Practice areas

civil rights

Questions Presented

  1. Whether the appellate court has jurisdiction to review the district court’s denial of qualified‑immunity on interlocutory appeal grounds
  2. Whether correctional officers owe a constitutional duty to provide adequate medical care to detainees in medical units

Holdings

  1. The Seventh Circuit lacks jurisdiction to entertain the interlocutory appeal because the qualified‑immunity issue turns on disputed facts, and therefore the appeal is dismissed for lack of appellate jurisdiction.

Key quotations

We lack jurisdiction on an interlocutory appeal to review a denial of qualified immunity when the district court’s decision, or the appellant’s argument, turns on disputes of material fact. (at 9)

Factual background

Dalynn Kee, detained at the Macon County Jail, suffered opioid withdrawal and later severe dehydration. Correctional officer Michael Whitsel was responsible for monitoring her in a medical unit via video feed and periodic checks. Despite observing numerous vomits, falls, and a period of unresponsiveness, Whitsel failed to notify medical staff. Kee died later that evening.

Procedural history

The district court denied Whitsel’s motion for summary judgment, finding genuine issues of material fact as to whether his conduct violated the Fourteenth Amendment. Whitsel appealed the denial, asserting qualified immunity, but the appellate court held the appeal was not appealable because the issue depended on disputed facts.

Court Document

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