 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Stroup v. Oedekoven12/28/1999
Appeal from the District Court of Campbell County: The Honorable Keith G. Kautz, Judge
After an inmate committed suicide while in the custody of the Campbell County Detention Center, his survivors instituted this wrongful death action against the Campbell County Sheriff. A four-day bench trial resulted in judgment for the sheriff. In this appeal, the survivors assert that the district court abused its discretion in refusing to grant a jury trial even though their demand for jury trial was over four months tardy. In addition, although the district court found the decedent=s fault to be 0%, they contend that the decedent=s intentional conduct in committing suicide should not have been considered in assessing fault under Wyoming=s comparative fault statute. Finally, the survivors argue that the district court=s findings are not supported by the record. Finding no error, we affirm.
ISSUES
Appellant presents three issues for our review:
I. Did the trial court abuse its discretion by denying Plaintiff=s Motion for Jury Trial[?]
II. Is Wyoming=s Comparative Fault Statute ' 1-1-109 applicable to a claim for failure to prevent suicide of an inmate?
III. Are the Findings of Fact and Conclusions of Law entered by the District Court supported by the evidence?
Appellee=s statement of the issues is substantially the same.
FACTS
This case arose after Scot Stroup (Stroup) committed suicide on September 30, 1995, while in the custody of the Campbell County Detention Center. In accord with our standard of review, we present the facts in the light most favorable to appellee, Campbell County Sheriff Byron Oedekoven.
A severe alcoholic, Stroup began to drink more heavily after his September 1994 divorce . As his mental and physical health deteriorated, Stroup became frequently involved with the law. In 1995, Stroup was incarcerated in the Campbell County Detention Center (CCDC) on five separate occasions.
On the first of these occasions, March 6 through March 30, Stroup was placed on special watch when he arrived because he was extremely intoxicated and stated he wanted to kill himself. Under special watch, an inmate is housed in an observation cell in the booking area, and a detention officer checks on the inmate every 15 minutes. During his March incarceration, Stroup was removed from special watch on March 9, and he served the rest of his time without incident. During Stroup=s next three stays in the CCDC, April 28 through May 1; May 28 through May 29; and June 4 through August 4, Stroup was not the subject of a special watch.
In late August of 1995, Stroup was jailed in Sheridan for an alcohol-related incident. This led to the revocation of his probation, a probation stemming from offenses committed in Campbell County. Following a short stay in the Sheridan County jail, Stroup was transferred to the Johnson County jail in Buffalo, where his mother and sister visited him. During this visit, Stroup mentioned that he was contemplating suicide, and the mother and sister reported Stroup=s suicidal thoughts to the Johnson County jailers. While still in custody of Johnson County, Stroup met with a counselor on September 5. After performing a suicide evaluation, the counselor concluded that Stroup was a low risk for suicide.
When transferred from Johnson County to the Campbell County Detention Center (CCDC) on September 10, 1995, Stroup was again placed on special watch. The CCDC=s medical director ordered that Stroup be taken off special watch on September 12, noting that Stroup was eating and sleeping regularly; he was alert; his mood had changed; he stated h
Page 1 2 3 4 5 6 7 Wyoming Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|