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Hill v. Jackson

The trial court erred in finding that certain employees of the Fulton County Sheriff's Office were entitled to official immunity in a wrongful death suit arising after a man committed suicide while in custody in the Fulton County jail, since the policies at issue established ministerial duties for those employees.

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This appeal is from the grant of summary judgment to several defendants in a wrongful death suit filed on behalf of plaintiff/appellant Gabrielle Hill Appellant, the minor child of Richard Willie Hill, Jr. Hill, against Fulton County Sheriff Theodore Jackson, Nitosha Riley, Latessa Robertson, Milton Weaver, Charles Martin, Andrea Thomas collectively, the Fulton County defendants, Charlene Dumas , Correctional Medical Associates, Inc. CMA, and Stephanie Bennett.1 The suit arises from Hill’s suicide, which occurred while he was in custody in the Fulton County jail.

Appellant sought damages from the defendants claiming that they negligently failed to take steps to prevent Hill’s suicide despite their knowledge of the active risk of suicide. The complaint averred two causes of action for wrongful death: 1 Hill died as a direct and proximate result of the negligent failure of the Fulton County defendants and two parties not involved in this appeal to comply with an order from the Superior Court of Fulton County placing Hill on suicide watch, to perform their duties pursuant to the laws of the State of Georgia, and to comply with the policies and procedures of the sheriff’s departments of Fulton County and Hall County; and 2 Hill died as a direct and proximate result of the negligent failure of the defendants to take any steps to secure medical evaluation and treatment for Hill, and his death was a result of the breach by Jackson of his ministerial duty to provide medical treatment and care, and a direct and proximate result of the negligent conduct in which Dumas engaged, for which she and her employer CMA are responsible.

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