Summary
The memorandum opinion and order addresses motions to dismiss and for judgment on the pleadings in an action arising from Allegra Warnick’s death after her arrest and detention. The court concludes that the complaint does not establish deliberate indifference or a constitutional violation by the Rogers officers, rejects related municipal-liability and outrage claims, and considers the claims against Benton County and Sheriff Holloway. The provided text ends before the court’s complete disposition of the latter claims.
Topics
Practice areas
Questions Presented
- Whether the complaint states a plausible claim for deliberate indifference to serious medical needs against Officers McCarver and Dickson under 42 U.S.C. § 1983.
- Whether Officers McCarver and Dickson are entitled to qualified immunity.
- Whether the complaint states a plausible claim for municipal liability against the City of Rogers.
- Whether the complaint states a plausible claim for intentional infliction of emotional distress against Officers McCarver and Dickson.
- Whether the complaint states plausible claims for deliberate indifference, failure to train/supervise, and intentional infliction of emotional distress against Sheriff Holloway and Benton County.
Holdings
- The complaint fails to state a plausible claim because it was not obvious to a layperson that Warnick required immediate medical attention at the time of the officers' contact with her.
- Officers McCarver and Dickson are entitled to qualified immunity because no constitutional violation occurred.
- The complaint against the City of Rogers is dismissed because municipal liability under § 1983 requires an underlying constitutional violation, which did not occur.
- The complaint fails to state a plausible claim for outrage because the officers' conduct did not rise to the level of extreme and outrageous behavior beyond all bounds of decency.
- The Motions for Judgment on the Pleadings by Sheriff Holloway and Benton County are denied; the complaint states plausible claims against them for failure to train/supervise and outrage.
Factual background
Officers McCarver and Dickson responded to a welfare check on Allegra Warnick, who was found sitting on the ground at a gas station, rocking back and forth, and appearing intoxicated. She told them she was 'coming down off something hard' and needed her medication for alcohol withdrawals. After discovering an outstanding warrant, they arrested her and transported her to the Benton County Detention Center. During booking, she was reportedly unable to complete the process. She was placed in a drunk tank and later found unresponsive in her cell the following morning. She was transported to the hospital and pronounced dead.
Procedural history
Plaintiff Estate of Allegra Warnick filed suit against multiple defendants, including Benton County, Sheriff Holloway, and City of Rogers police officers, alleging civil rights violations and state tort claims arising from Ms. Warnick's death while detained. Officers McCarver and Dickson and the City of Rogers filed a Motion to Dismiss for Failure to State a Claim. Sheriff Holloway and Benton County filed a Motion for Judgment on the Pleadings.
Remand instructions
The case will proceed to discovery against Sheriff Holloway and Benton County.