Summary:
6th Circuit grants qualified immunity to Michigan prison officials
Scabies outbreak at women's Huron Valley Correctional Facility
Circuit Judge Helene White dissents on immunity ruling
Michigan prison officials can't be held liable under the U.S. Constitution for incompetent handling of a scabies outbreak by contracted medical providers, a federal appeals court has ruled.
The U.S. 6th Circuit Court of Appeals, overturning a ruling by a federal judge in Detroit, said in a 2-1 opinion March 26 that high-level prison officials have "qualified immunity" from claims under the federal constitution for failing to identify and properly treat a scabies outbreak at Women's Huron Valley Correctional Facility near Ypsilanti, which resulted in women suffering from rashes, severe itching and related infections for a more than two-year period, between 2016 and 2019.
The appellate court did, however, rule that Michigan prison officials don't enjoy that same immunity under state law, allowing negligence complaints against state officials to proceed. The women can also proceed with their claims against the prison medical provider the state contracted with at the time, Corizon Health.
The Detroit Free Press reported extensively on the scabies outbreak at the time it was happening. At one point, prison officials blamed the women inmates for the rashes, wrongly alleging the outbreak was caused by women trying to wash their own clothes instead of sending them to the prison laundry. The scabies determination was only made after a Flint dermatologist, Dr. Walter Barkey, learned about the undiagnosed rashes and itching and asked to be allowed inside the prison to perform skin tests.
In 2019, Machelle Pearson, who was an inmate at Women's Huron Valley at the time of the scabies outbreak but was paroled in 2018, along with three other current or former women inmates, sued the Michigan Department of Corrections, MDOC Director Heidi Washington, other prison officials, a Wayne State University official the MDOC hired as a medical director, and Corizon.
The case has been complicated by Corizon's 2023 bankruptcy filing and delayed by the state defendants appealing U.S. District Judge Stephen Murphy's 2024 denial of their claims of qualified immunity to federal constitutional claims of "deliberate indifference" to the prisoners' medical needs and that they overlooked dangerous and potentially harmful prison conditions.
The MDOC did not immediately respond to a request for comment on March 27.
Writing for the majority, Circuit Judge Eric Murphy, who is not related to the Detroit federal judge handling the case, said it was reasonable for Michigan prison officials to rely on their medical experts in responding to the scabies outbreak.
"Admittedly, the complaint alleges that the Corizon practitioners provided incompetent and delayed care because they should have diagnosed scabies sooner," the opinion reads. Still, "the inmates do not explain why non-treating officials should face liability for this alleged incompetence."
In a partial dissent, Circuit Judge Helene White questioned whether it was reasonable for prison officials to rely on Corizon's medical determinations, given how long the rash problem persisted and given Corizon's allegedly "abysmal" track record providing prison health care. White noted that the MDOC had imposed $1.6 million in penalties on Corizon between 2016 and 2018 for failing to meet contractual requirements.
"Where such a medical team also fails to remedy a yearslong health crisis, its supervising personnel cannot claim it was reasonable to unquestioningly rely on the team's determinations," White wrote.