Arkansas Appeals Court: Greene Co. Jailers Not Immune From Suit

A federal appeals court ruled that three Greene County, Ark., jailers are not immune from a lawsuit alleging they were deliberately indifferent toward an inmate who died from a heart attack.

The 8th U.S. Circuit Court of Appeals in St. Louis said a jury should determine whether Christopher Gray, David Wanner and Michael Johnson did enough to help Phil Blount after his 2001 arrest on a sexual assault charge.

The court acknowledged Blount hadn’t told jailers about a heart problem but noted that the man was moderately obese when he was arrested Dec. 23, 2001, on a first-degree sexual assault charge. Blount also filled out a jail form telling of mental illness, headaches, seizures, ulcers and kidney and bladder problems.

Blount’s mother brought the man medications, including an anti-depressant prescription that ran out Jan. 2, 2002. Two days later, Blount’s cellmate said the man was drinking shampoo and acting oddly. Seven hours after, Blount began vomiting. The next morning, he was dead.

“Blount asked Gray for a nurse because his stomach was bothering him,” according to a court summary of the case. “Gray asked Blount if he was vomiting because of the shampoo he had ingested, but Blount did not respond. Blount was not given the opportunity to see a nurse.”

According to Blount’s mother, he had called her several times Jan. 3 and 4, 2002, to say he was nauseated and vomiting. She said she tried to reach the sheriff but couldn’t.

The jailers acknowledged knowing that Blount was vomiting over a seven-hour period and that he had asked for help – but believed his stomach problems were caused by his drinking shampoo.

According to the court, “based on their knowledge of Blount’s medical symptoms, coupled with his request for medical assistance, a reasonable jury could determine that (the jailers) were actually aware that Blount needed medical attention, but simply chose to do nothing about it.”

The court said a claim against Greene County itself also may stand.

The judges had ruled in 2006 that the sheriff was entitled to immunity.