United States District Court, S.D. Ohio, Eastern Division
Vascura, Magistrate Judge
OPINION AND ORDER
ALGENON L. MARBLEY, CHIEF UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendants' Motion for
Summary Judgment. (ECF No. 47). The hearing on
Defendants' Motion for Summary Judgment took place on
December 11, 2019 at 10:00 a.m. For the reasons set forth
below, this Court GRANTS in part and
DENIES in part Defendants' Motion for
Downard was a detective with the City of Reynoldsburg Police
Department for nearly twenty years. (ECF No. 11 at 4). On
Thursday, February 18, 2016 he was arrested and charged with
possession with intent to distribute in violation of 21
U.S.C. §841(a)(1) for allegedly using his official
position to traffick drugs. USA v. Downard,
2:16-mj-00097-EPD-1 (ECF No. 1) (S.D. Ohio 2016). On February
18, 2019, Magistrate Judge Deavers determined, upon the
Government's motion, that Mr. Downard should be detained
prior to the detention hearing scheduled for the following
Thursday, February 25, 2019. (USA v. Downard, ECF
No. 8). Mr. Downard was transported to Delaware County Jail
on the afternoon of February 18, 2019. (ECF No. 47 at 11).
Marshall delivered Mr. Downard to the jail and placed him in
the custody of Corrections Officer Amy Foley, who conducted
Downard's intake. (ECF No. 47). The U.S. Marshall
informed Officer Foley that Mr. Downard was a law enforcement
officer and provided Officer Foley with a Prisoner Custody
Alert notice which included a box marked “Psychiatric
Problems” and a notation that indicated that Mr.
Downard “seems despondent, but has not stated
he is suicidal.” (ECF No. 51 at 5, No. 51-1). Officer
Foley spent about two minutes going through a Suicide
Prevention Screening Guideline form with Mr. Downard that
included sixteen questions and about two minutes on a
twenty-three question medical screening form. (ECF No. 51 at
6). Officer Foley assigned Mr. Downard to holding cell HC6 in
the jail's booking area so that he could receive near
constant monitoring by staff. (ECF No. 47 at 7).
after being placed in HC6, a nurse met with Mr. Downard,
measured his vitals, and screened him for health and
psychological concerns. (ECF No. 47 at 7-8). The nurse
reviewed the forms that Officer Foley had completed and noted
that Mr. Downard denied feeling hopeless or considering
suicide and that he denied having a history of psychiatric
issues. (ECF No. 47 at 7; No. 47-8; No. 47-9). Mr. Downard
was also visited by a nurse on the 19th,
20th, and 21st to receive medication.
(ECF No. 54 at 10).
Downard stayed in HC6 until 6:09 pm on February 18. At that
time, Officer George Ayers-who took over for Officer Foley
and was acting pursuant to instructions from a sergeant-
moved him to HC3 in the same booking area. (ECF No. 47 at 8).
HC3 was in the direct line of sight of officers in the
booking area and Mr. Downard also received an observation
check every 60 minutes, as well as an evening meal tray. (ECF
No. 47 at 8-9).
next day, February 19, Mr. Downard met with the mental health
clinician, a professional clinical counselor, Douglas Arnold.
(ECF No. 42). During their meeting, Mr. Arnold noted:
“TD voiced feeling the stress of his circumstances (LEO
arrested for multiple counts of drug trafficking - federal
charges). Conscious of the distress caused to family (wife
& children), need to repair relationships, answer for his
actions/suffer consequences. Voiced hope about restoring
connection to loved ones, self to community/society over the
course of time. Understood means for requesting to talk
TD reported wife put “$ on his books” for phone
and showed interest in talking to him. He will call her
today. Had only spoken briefly to her by phone when arrested
to notify her of arrest. Has his own attorney - not Pub.
Id. In addition to completing this form, Mr. Arnold
spoke with Assistant Jail Director Jessica Jackson and
informed her that he has not placed any watches on Mr.
Downard at that time. (ECF No. 47-18). Ms. Jackson wrote an
email to colleagues detailing her conversation with Mr.
Arnold noting that Downard appeared to be:
“aware of the reality of his situation and the serious
consequences he is facing. He mentioned that he is willing
and ready to pay the price for what he has done. He has a
positive outlook on restoring and repairing the relationship
between him and his wife and kids after putting them through
this. After a discussion with Doug, it was determined that
this inmate should remain in HC3 at ...