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Abstract: 

Francisco entered the corrections system as a “high suicide risk.” He was diagnosed as psychotic and had a prior suicide attempt. He referenced himself as a visionary of God, as Jesus, and believed that doctors were trying to control his mind. Francisco repeatedly told staff and fellow inmates he wanted to die. A rope was found in his cell. Yet, through it all staff never put Francisco on suicide watch. Staff members came to believe that unless an inmate told them he was going to commit suicide, staff could not invoke a suicide watch no matter how suicidal the inmate’s behavior or reports on his threats from other inmates. Without the “magic words,” officers did not believe they could remove Francisco from his regular cell. The suit will now proceed to trial, having survived a motion to dismiss. We analyze the court’s reasoning in allowing the case to go forward.

Keywords: Francisco v. Corizon Health, Inc., 2018 WL 1419896

Affiliations:  1: Executive Editor.