Patricia J. Stroup, et al. v. Byron Oedekoven, Sheriff of Campbell County, Wyoming

Wrongful Death - Suidice - Incarceration - This case arose after Scot Stroup (Stroup) committed suicide on
September 30, 1995, while in the custody of the Campbell County
Detention Center. In accord with our standard of review, we
present the facts in the light most favorable to appellee,
Campbell County Sheriff Byron Oedekoven.

A severe alcoholic, Stroup began to drink more heavily after
his September 1994 divorce. As his mental and physical health
deteriorated, Stroup became frequently involved with the law. In
1995, Stroup was incarcerated in the Campbell County Detention
Center (CCDC) on five separate occasions.

On the first of these occasions, March 6 through March 30,
Stroup was placed on special watch when he arrived because he was
extremely intoxicated and stated he wanted to kill himself. Under
special watch, an inmate is housed in an observation cell in the
booking area, and a detention officer checks on the inmate every
15 minutes. During his March incarceration, Stroup was removed
from special watch on March 9, and he served the rest of his time
without incident. During Stroup's next three stays in the CCDC,
April 28 through May 1; May 28 through May 29; and June 4 through
August 4, Stroup was not the subject of a special watch.

In late August of 1995, Stroup was jailed in Sheridan for an
alcohol-related incident. This led to the revocation of his
probation, a probation stemming from offenses committed in
Campbell County. Following a short stay in the Sheridan County
jail, Stroup was transferred to the Johnson County jail in
Buffalo, where his mother and sister visited him. During this
visit, Stroup mentioned that he was contemplating suicide, and
the mother and sister reported Stroup's suicidal thoughts to the
Johnson County jailers. While still in custody of Johnson County,
Stroup met with a counselor on September 5. After performing a
suicide evaluation, the counselor concluded that Stroup was a low
risk for suicide.

When transferred from Johnson County to the Campbell County
Detention Center (CCDC) on September 10, 1995, Stroup was again
placed on special watch. The CCDC's medical director ordered that
Stroup be taken off special watch on September 12, noting that
Stroup was eating and sleeping regularly; he was alert; his mood
had changed; he stated he would not hurt himself; and he wanted
to be moved into general housing.

After moving into general housing, Stroup underwent further
mental health counseling. On September 18, Stroup met
individually with a psychologist. In this session, Stroup denied
being suicidal, and the psychologist concluded Stroup was not an
immediate suicide risk. The psychologist recommended that Stroup
be monitored for depression. Stroup also participated in group
counseling on September 14 and 21. During those sessions, the
group counselor did not observe anything that led him to believe
that Stroup was a suicide risk.

Stroup was last seen alive, in the day room, at about 9 p.m. on
September 30, around medication time. When the medication officer
noticed that Stroup had left the day room without receiving his
scheduled medication, the officer asked an inmate to check
Stroup's cell. The inmate did so and discovered Stroup hanging
from the crossbar of a cell window with a bed sheet tied around
his neck. The medication officer ran to the cell, cut the bed
sheet to let Stroup down, and performed mouth to mouth
resuscitation while emergency personnel were summoned. Upon their
arrival, the emergency medical personnel continued CPR, and also
attempted to revive Stroup by using a breathing tube. Their
efforts began at 9:37 p.m. and ceased at 9:50 p.m. Stroup was
pronounced dead at 9:55 p.m.

This wrongful death action was instituted by Stroup's mother,
Patricia Stroup, acting individually and as personal
representative of her son's estate, and on behalf of Stroup's
sisters Diana Finch and Polly Beyer. Plaintiff did not demand a
jury trial in the original complaint, filed December 19, 1996.
Nor did she demand a jury trial in her amended complaint of
February 3, 1997.

Defendant's verdict.

Unknown

Unknown

Affirmed by the Supreme Court of Wyoming. See: ___ P.2d ___ (Wyo. 12-28-1999). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.