Slaven v. City Of Salem

438 N.E.2d 348 (Mass. 1982)

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Nature of the Case

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Facts

Fitzgibbons, a prisoner in the custody of the D's police department, committed suicide by hanging himself in his cell on May 19, 1979. Fitzgibbons had been arrested for open and gross lewdness that afternoon, taken him to the police station, and informed him of his rights. He made two telephone calls; one to P, and the other to his employer. Officer Driscoll then asked Fitzgibbons to empty his pockets, recorded the charges against him, and placed him alone in a cell. The prisoner was wearing a red shirt which was not tucked into his trousers. P and her husband, accompanied by a police officer, visited the prisoner in his cell for a short period of time. P agreed to assist her brother in raising bail and to return later with some sandwiches and another visitor. P saw that he was wearing a belt. While inspecting around 5:30 p.m., another police officer, Bergman, saw Fitzgibbons hanging from a bar in the cell door. A belt was tied to the upper bar of the cell door and looped around his neck. Bergman cut the belt and called to other police officers for assistance. He was pronounced dead on arrival at Salem Hospital. P sued and D moved for summary judgment. P alleged that D 'knew or had reason to know from observations of the prisoner that he was a suicidal risk.' D submitted affidavits accompanying its motion for summary judgment. Each officer averred to facts within his personal knowledge which evidenced that none of them knew, or should have known that the prisoner was suicidal. It was granted, and P appealed.