Sheri Trozzi v. Lake County, Ohio


RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 22a0054p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT SHERI TROZZI, ┐ Plaintiff-Appellant, │ │ > No. 21-3685 v. │ │ │ LAKE COUNTY, OHIO; DANIEL DUNLAP, DIANE SNOW, │ RYAN STAKICH, and SCOTT CAPRON, in their │ individual and official capacities, │ Defendants-Appellees. │ ┘ Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 1:20-cv-00684—J. Philip Calabrese, District Judge. Decided and Filed: March 29, 2022 Before: BATCHELDER, NALBANDIAN, and READLER, Circuit Judges. _________________ COUNSEL ON BRIEF: Lewis A. Zipkin, Kevin M. Gross, ZIPKIN WHITING CO. LPA, Beachwood, Ohio, for Appellant. Frank H. Scialdone, Kathleen M. Minahan, MAZANEC, RASKIN AND RYDER CO., L.P.A., Cleveland, Ohio, for Appellees. _________________ OPINION _________________ CHAD A. READLER, Circuit Judge. While being held in a county detention center, Sheri Trozzi complained of abdominal pain to two correction officers and a jailhouse nurse. Those officials responded to Trozzi’s complaints but stopped short of calling 911. The next day, a jail doctor examined Trozzi and sent her to a hospital, where she ultimately underwent surgery. No. 21-3685 Trozzi v. Lake County, et al. Page 2 Invoking 42 U.S.C. § 1983, Trozzi sued the two officers and the nurse. According to Trozzi, the three were deliberately indifferent to her serious medical needs, in violation of the Fourteenth Amendment, due to their failure to call for emergency help after her initial complaints. The district court granted summary judgment to defendants. Examining Trozzi’s claims under the modified deliberate indifference standard announced in Brawner v. Scott County, we affirm. I. Following her arrest for suspected shoplifting, drug possession, and several traffic violations, Sheri Trozzi was detained at the Lake County Adult Detention Center. Five days after her arrival, Trozzi sought help with gastrointestinal health issues related to an earlier gastric bypass surgery. Those difficulties had caused doctors to place Trozzi on a specialized diet and prescribe her antacids to prevent ulcers. While in jail, Trozzi submitted two written requests: one for help filling her prescription drugs for her mental health, and another for an adjustment in her diet to promote healthy eating. Trozzi later disclosed to a mental health consultant that she was having “issues with an ulcer.” The next day, Trozzi again asked for an adjustment to her diet and “to be put back on [her] stomach medicine” to “prevent[] ulcers,” which, she noted, were “already beginning to develop.” As a result of these requests, Diane Snow, the jail nurse, scheduled Trozzi to meet with a doctor. In the wee hours of the morning of the day before her appointment, Trozzi began experiencing abdominal pain, prompting her to call from her cell for help. Corrections Officer Ryan Stakich responded, finding Trozzi doubled over in pain. Stakich notified his supervisor, Scott Capron, of Trozzi’s condition. When Capron arrived, he instructed that Trozzi be taken to a medical holding cell for observation. Stakich retrieved a wheelchair to transport Trozzi while Capron took Trozzi’s …

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