Kindl v. City of Berkley, No. 13-2234 (6th Cir. 2015)
Annotate this CaseKindl’s breathalyzer test revealed a blood alcohol level of .053. She was arrested for violating a condition of probation that she refrain from alcohol use. The video recording of her booking shows Kindl stating that she “might have a little alcohol withdrawal.” Kindl was placed in cell one, which was subject to video (not sound) monitoring and direct visual observation by the front desk. After an uneventful afternoon, Kindl’s condition deteriorated. At 7:46 p.m., the video shows her body jerking dramatically in an apparent seizure. Around 8 p.m., Kindl tried to communicate with the officers. She knocked on the window four different times, repeatedly calling out. Kindl eventually spoke to two officers, stating that she had urinated on herself and that she was concerned about delirium tremens. According to the officers, she stated that she did not currently have symptoms. Kindl lay back down, intermittently experiencing convulsions, and calling out. At 11:53 p.m., she experienced a violent 40-second seizure. She did not move again. Six hours later, Kindl’s body was discovered. A pathologist determined that Kindl died of delirium tremens. Both officers testified that they were aware that alcohol withdrawal could be a serious condition, but that they never saw Kindl in physical distress. The court ruled that 42 U.S.C. 1983 claims of deliberate indifference, gross negligence and intentional infliction of emotional distress could proceed against the officers, dismissed other claims, and denied the officers’ claims to qualified immunity. The Sixth Circuit dismissed an appeal, noting disputed facts.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.