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Huttner v. State9/4/2001
During his provisional discharge from a commitment for mental illness, and while under the intensive supervision of Ramsey County social worker Audrey Fischer, Larry Dewayne Davis stopped taking the medication prescribed to control his mental illness. Davis became violent, attempted to murder Joanne Kinne, and murdered Delores Fenske. Sandra Huttner, as trustee for Fenske's heirs and next of kin, challenges the district court's determination that her wrongful-death claims against Ramsey County and Fischer are barred by the three-year limitation on bringing wrongful-death actions. Ramsey County and Fischer challenge the district court's determination that they are not entitled to official immunity because Fischer's duty to verify Davis's prescribed medications was a ministerial duty. Because the unambiguous language of Minn. Stat. ยง 573.02, subd. 1 (1996), which excepts wrongful-death actions based on murder from the three-year limitation, does not limit its application to the murderer, we reverse the district court's application of the limitation to Huttner's wrongful-death claims against Fischer and the county. Because Fischer's statutory duty to monitor Davis's compliance with his medication and treatment plan implicitly includes the ministerial duty to verify that Davis was taking the medications prescribed for him, we affirm the district court's determination that Fischer and the county are not entitled to official immunity for Fischer's failure to monitor Davis's compliance with his individual treatment plan.
FACTS
Davis has a history of alcohol and marijuana use. He started hearing "voices" and in November 1996, he became spontaneously violent, assaulting an employee of an apartment complex and, after being transported to a hospital, the hospital staff. As a result, Davis was committed as mentally ill and chemically dependent. Fischer was appointed as Davis's case manager while Davis was hospitalized. Pursuant to court order, Haldol was administered to Davis for his psychosis and Cogentin was administered to control the side effects of Haldol. Davis was compliant with medications during his hospitalization and he made progress in treatment, although at least one urine test showed cannabis in his system in early January 1997. On January 30, 1997, Davis was provisionally discharged from the treatment center under intensive supervision. His provisional discharge plan required him, among other things, to take his prescribed medications, meet with his psychiatrist, meet with Fischer, and avoid chemicals.
On April 11, Davis met with his psychiatrist and told the psychiatrist that he wanted to stop taking Haldol and that he had already (without consulting a doctor) reduced the dosage from the prescribed 10mg to 5 mg. The psychiatrist told Davis he could discontinue taking Cogentin but he did not tell Davis to stop taking Haldol, or approve the reduced dosage of Haldol. Nonetheless, Davis stopped taking all medications on April 11, 1997. Davis also stopped seeing the psychiatrist.
At an April 14 meeting with Fischer, Davis told her that the psychiatrist had authorized him to stop taking his medications. Fischer made a note to confirm Davis' statement with the psychiatrist. Because of "crisis events" in other files, however, Fischer never did so. Fischer continued to meet with Davis through May 16. During that period, she noted no unusual conduct by Davis. At the May 16 meeting, Fisher and Davis agreed to meet on May 23. When Fisher arrived at Davis' apartment on May 23, however, there was no answer when she knocked on his door, nor was there an answer when she tried to contact Davis by phone.
On May 25, Davis became violent. He killed Fenske and t
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