The Appellee brought the instant case under
42 U.S.C. § 1983, alleging unlawful arrest, excessive force, and wrongful death by means of deliberate indifference and, in the alternative, by intentional means. The Appellants moved for summary judgment, arguing that they were entitled to qualified immunity. The district court denied the motion, finding material facts to be in dispute on all counts. Addressing separately the Appellants' claim of qualified immunity, the court stated that “there is some evidence that defendants should have known of Lambert's suicidal tendencies, i.e., the March 28, 1994, incident at the jail when he attempted to swallow a crack pipe and crack cocaine.”
The court further noted that Lambert's attempt to swallow the crack pipe was most probably “caused by his desire to destroy evidence.” Nevertheless, giving the Appellee the benefit of every factual inference, the court found that the Appellants were not protected by qualified immunity.