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PARSONS v. WRIGHT11/10/1994
Somerset County, its Sheriff William Wright, and his assistant Betty Wright appeal from an order of the Superior Court (Somerset County, Kravchuk, J.) denying a summary judgment with respect to that portion of Orrin Parsons's suit brought pursuant to 42 U.S.C. ยง 1983 (1981). Because we conclude that the Wrights are immune from the section 1983 claim, we remand for the entry of a summary judgment in their favor.
I.
Viewed most favorably to Parsons, the facts may be summarized as follows: On January 7, 1988, Parsons was arrested for not appearing at a court hearing on various charges related to the operation of his motor vehicle. His bail was set at $10,000 double surety bond or $1,000 cash. Although Parsons had the resources to make bail, he opted not to do so because he believed that the arrest was improper and that he would be appearing before the court within a few With respect to this last assumption, Parsons was mistaken. For reasons unexplained on the record he was not brought before the court for forty-eight days.
Parsons, who was obese and suffered from arthritic hips and poor personal hygiene, testified at his deposition that the defendants did not adequately respond to his medical, health, and safety needs during his incarceration. For example, despite his repeated requests for a heating pad, he was allowed to use it only once. His request for a special recliner chair was also denied. Some of his requests to see a physician were ignored, and he recalled seeing the jail doctor only once. Parsons also experienced respiratory problems, was frequently short of breath, and suffered from severe swelling of his ankles.
Because Parsons could walk only with crutches, he had great difficulty with the jail's slippery floors. Although his testimony is conflicting, he apparently fell three times during the period of his incarceration. After a particularly bad fall in his cell, which caused one of his crutches to break, he remained on the floor all night while his calls for help went unanswered. A jail official later supplied him with replacement crutches, but they were too short and made walking even more perilous.
Parsons also experienced difficulty using the toilet in his cell because it was low and there were no rails. Another witness testified that Parsons had feces on his prison uniform as a result of his inability to use the toilet. The shower also became a hazard because of the slippery floor and the absence of rails or a chair.
According to another inmate Parsons was in great pain, emitted a foul body odor, and frequently urinated and defecated on himself. The inmate also claimed that Parsons's mental and physical condition deteriorated to the point where he could not change or dress himself. Robert Mattingly, a friend of Parsons who visited the jail several times, noticed that Parsons appeared confused, and told Sheriff Wright that Parsons would die unless something was done.
Sheriff Wright testified that the jail was not a proper place to house handicapped inmates, that the jail staff was not trained to handle them, and that there was no written policy regarding their care. Betty Wright, who was the chief turnkey of the jail and oversaw its operation, did not have many direct contacts with Parsons, but was aware of his foul odor and his difficulties in using the toilet. On one occasion, she arranged for Parsons to see the prison doctor.
All three county commissioners testified that they were unaware of their statutory duties with respect to the jail. The commissioners also testified that they either did not consider the issue of handicapped inmates during the 1984 renovation of the jail, or could not re
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