Background
Calvin Lee, a pretrial detainee at the Milwaukee County Jail from December two thousand twenty to April two thousand twenty-three, filed a pro se lawsuit alleging unconstitutional conditions of confinement and inadequate medical treatment. Lee, a U.S. Army veteran with a history of traumatic brain injury and post-traumatic stress disorder, complained of gaps in mental health resources, extended COVID-related lockdowns, and unhygienic conditions including mold and fecal matter. The County contracted with Wellpath, LLC to provide medical services. The district court granted summary judgment to the County, finding Lee failed to raise a triable issue of fact regarding the constitutionality of the care provided or the conditions experienced.
The court’s reasoning
The Seventh Circuit reviewed the grant of summary judgment de novo. The court first addressed the County’s argument that it lacked notice of deficiencies in Wellpath’s care, ruling that the County cannot insulate itself from liability by contracting out its constitutional duties. The court held that Wellpath’s policies are attributable to the County. However, the court affirmed the dismissal because Lee failed to meet his burden of proving an underlying constitutional violation. Regarding medical care, the record lacked clinical evidence to assess whether the provided services were objectively insufficient for his serious mental health needs. Regarding lockdowns, the court found the policies reasonably related to the legitimate governmental objective of controlling COVID transmission. Regarding unhygienic conditions, the court determined the incidents were not sufficiently pervasive to constitute a widespread custom or practice attributable to the County.
What it means going forward
The decision reinforces that while municipalities remain liable for the actions of private contractors providing essential services, plaintiffs must still provide specific, admissible evidence of objectively unreasonable conditions or care to survive summary judgment, even when litigating pro se.
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