Sunday, December 12, 1999
Jail not responsible for suicide
BENCHMARKS
BY BEN L. KAUFMAN
The Cincinnati Enquirer
Craig Lanthorn killed himself in a Johnson City, Tenn., holding cell in 1994, and his mother blamed Washington County jailors.
They responded that no one could have predicted Mr. Lanthorn's suicide.
U.S. District Judge Curtis L. Collier in Greeneville granted pretrial summary judgment to her son's jailors and Nancy L. Ellis appealed.
Mr. Lanthorn was arrested when he tried to break into the home of then-girlfriend Sara Turnbull and her parents. Her father, a psychiatrist, later said Mr. Lanthorn was “delirious or delusional” because of his “drug use” but he wasn't suicidal or mentally ill.
The arresting officer took the troubled young man to city jail and charged him with public intoxication.
The next day, Mr. Lanthorn was moved to county jail, where he responded to a jailor's question about suicide, saying he “loved life” and wasn't a risk.
Minutes later, another guard, who knew Mr. Lanthorn in high school, told his superior he was concerned about Mr. Lanthorn's mental health.
Sent to talk with his former classmate, the guard found him talking to his mother on the telephone and apparently crying. Asked again if he were suicidal, Mr. Lanthorn replied, “Hell no. I've got a baby on the way that I've got to take care of.”
His mother — a practicing, licensed clinical psychologist — later said “he was not suicidal at 11:30 when I talked to him (on the phone)” and he “knew he was getting out (of jail).” He also was upbeat about his next session with his psychologist, she said.
Mr. Lanthorn hanged himself that same day.
Sixth Circuit Judges Gilbert S. Merritt, Cornelia G. Kennedy and Martha Craig Daughtrey rejected Dr. Ellis' claim that jailors' actions or inaction caused her son's death.
“There is no evidence from which a reasonable jailor would have foreseen suicide,” Judge Merritt wrote. “When an experienced expert ... like decedent's mother ... was unable to predict suicide, and did not think it was necessary to warn her son's jailors of such a possibility, it is unreasonable to attribute fault to the county or its jailors for failing to predict suicide.”
One case, two views
Rarely do 6th Circuit judges diverge so dramatically on their understanding of the facts as in the case of Deshawn Johnson.
A jury in Columbus, Ohio, couldn't reach a verdict in 1997 on kidnapping, felonious assault and weapons charges
During Mr. Johson's retrial, the prosecutor objected to a question defense attorney Gary Shroyer asked in cross examination.
Franklin County Common Pleas Judge Dale Crawford said the question could prejudice the jury fatally and he urged the prosecutor to ask for a mistrial.
Given a few minutes to decide, the prosecutor went along grudgingly and Judge Crawford declared a mistrial over objections by Mr. Shroyer.
After Judge Crawford refused to dismiss the charges, attorney Dennis C. Belli took over the case and asked the federal courts to free his client.
He said any further retrial would subject Mr. Johnson to unconstitutional double jeopardy. (The Fifth Amendment says no one shall “be subject for the same offense to be twice put in jeopardy of life or limb.”)
U.S. District Judge Edmund A. Sargus Jr. refused to intervene and Mr. Belli brought the case to the 6th Circuit. There, Judges Nathaniel R. Jones and R. Guy Cole Jr. ordered the charges dismissed.
Ordering a mistrial over defense objections requires proof of “manifest necessity” and none was present, they said. Instead, Judge Crawford “failed to act rationally, responsibly or deliberately.”
Sixth Circuit Judge Danny J. Boggs disagreed, saying the trial judge was trapped by a clever defense attorney into declaring a mistrial and freeing his client.
Judge Boggs said Judge Crawford may have “failed to act rationally, responsibly or deliberately at some moments,” but the trial record doesn't support that harsh judgment or dismissal of the charges.
Inmate wins damages
A former inmate's civil rights victory against two guards at Lebanon Correctional Institution was upheld by Judges Gilbert S. Merritt, David A. Nelson and Solomon Oliver Jr.
Corrections Officer Thomas E. Moore admitted beating inmate Richard K. Wolff in his cell and breaking his nose in 1995. Officer Moore said Officer Sanford Whitlow helped plan and carry out the attack.
Mr. Wolff said Officer Moore's excessive force violated his Eighth Amendment right to be free of “cruel and unusual punishments.” Similarly, he said, Officer Whitlow's failure to protect him violated his rights.
Jurors agreed. The guards jointly owed Mr. Wolff $8,250 compensatory damages. Officer Moore owed $45,000 and Officer Whitlow owed $30,000 in punitive damages.
Officer Whitlow denied any involvement and both men appealed, saying the federal court had no jurisdiction because Mr. Wolff failed to follow prison complaint procedures.
That issue is made more complex by changing law and recent court decisions.
However, appellate attorneys Robert and Paul Laufman argued that Mr. Wolff was sufficiently clear to satisfy rules requiring inmates to exhaust prison grievance procedures before coming to court.
The 6th Circuit agreed. If his compliance was imperfect, it was sufficient for investigations by the institutional inspector, three internal Use of Force Committees, and Ohio State Highway Patrol.
Mr. Moore was fired but Officer Whitlow kept his job.
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