Dan Downey and Paul Bernhart recently received summary judgment on behalf of the Licking County Sheriff’s Office in a jail suicide case. William Overbey committed suicide while incarcerated in the Licking County Justice Center awaiting trial on domestic abuse charges. Overbey was placed on “potential suicide risk” by a jail deputy and evaluated by a mental health social worker on the day of the suicide. Potential suicide risk is one of three levels of suicide prevention and intervention described in the American Correctional Association (“ACA”) policy which has been adopted by the Licking County Justice Center. It is the lowest level of suicide risk. In accordance with ACA policy, an inmate placed on potential suicide risk has no physical restraints placed on his movement and he is monitored at least every ten minutes. In this case, officers complied with ACA policy. Despite this, Overbey committed suicide by jumping from the top tier of the jail module. A jail deputy was on his way to speak with Overbey when he committed suicide. The estate of Overbey sued arguing that jail deputies should have done more to ensure Overbey’s safety after he was placed on suicide watch. The Court disagreed and granted summary judgment to the Sheriff’s Office. Judge Kemp noted that here, “jail officials took Mr. Overbey’s situation seriously, giving him access to a mental health social worker, putting him on the appropriate level of suicide watch, scheduling him to see a doctor, and monitoring his movements at least every ten minutes. In particular, [the jail deputy] followed ACA policy and was on his way to speak to Mr. Overbey when he jumped to his death. Regrettable as that occurrence was, a jury could not find that Mr. Overbey’s death resulted from a violation of his constitutional rights.” For any additional information on this case, please contact Paul Bernhart at pbernhart@fishelhass.com.
