Middlebrooks v. Bibb County

The defendants were officially immune from liability for the death of the plaintiff's father who strangled himself in jail while awaiting trial for murdering the plaintiff's mother.

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Joseph V. Middlebrooks “Middlebrooks committed suicide while detained in the Bibb County Law Enforcement Center “LEC”. James J. Middlebrooks filed this wrongful death action as the administrator of the estate and as the surviving son of Middlebrooks against Bibb County, County Board Chairman Larry Justice, Sheriff Robbie Johnson, Major of Corrections Walter Mitchum, Chief Deputy Grant, Captain Clifton Spires, four Bibb County Lieutenant Sheriffs, four Bibb County Deputy Sheriffs, and Sandra White, a nurse employed at the Bibb County LEC, to recover for the wrongful death of his father.1 This appeal arises out of the trial court’s order granting summary judgment to all defendants on the grounds of sovereign and official immunity.2 Finding no error we affirm. On appeal from the grant of summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. . . .This Court applies a de novo standard of review and must draw all inferences in favor of the non-moving party. Footnotes and punctuation omitted. Talbot County Board of Commissioners v. Woodall , 275 Ga. 281 565 SE2d 465 2002. See O.C.G.A. § 9-11-56 c ; Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991.

Viewed in the light most favorable to plaintiffs, the record reveals the following facts: On August 24, 1993, Middlebrooks was discovered with second and third degree burns at his home. He had allegedly burned down his house after killing his wife. Middlebrooks had cuts on both sides of his neck, slits on both of his wrists, and several puncture wounds in his chest. Middlebrooks was initially transported to Grady Hospital’s burn unit and then transferred to Georgia Regional Hospital. Middlebrooks was subsequently transferred to Charter Lake Hospital for psychiatric treatment. In late September, 1993, Middlebrooks was booked into the Bibb County LEC on the charge of malice murder.

Middlebrooks v. Bibb County

The defendants were officially immune from liability for the death of the plaintiff's father who strangled himself in jail while awaiting trial for murdering the plaintiff's mother.

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