WINCHESTER, Va. Pastor Brandan Thomas had just stepped away from the homeless shelter he runs when his buzzing phone signaled another mental health crisis.
Clem v. Pinal County
May 10, 2021
Jamie Clem’s son died from morphine intoxication while incarcerated in the Pinal County jail. Clem first filed a state court lawsuit against Pinal County and the Pinal County Sheriff in his official capacity alleging state law claims of negligence and gross negligence. Clem then filed a separate lawsuit in federal court against several detention officers, solely in their individual capacities, alleging federal claims under 42 U.S.C. § 1983. The second suit alleged substantially the same facts as the complaint in the first lawsuit.
Several months later, Clem amended her federal complaint to name only a single officer, still in his individual capacity. The officer moved for summary judgment, which the district court granted. Shortly thereafter, the County and Sheriff moved for summary judgment in plaintiff’s state case, arguing that the federal judgment in favor of the detention officer required dismissal of the state claim against the County