City of Louisville v. Humphrey

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City of Louisville v. Humphrey, 461 S.W.2d 352 (Ky. App. 1970)

Plaintiff’s husband died from injuries that she alleged were caused while he was in jail for public intoxication. The police found the husband shaking doors at 2:15 a.m. and they arrested him and placed him in the drunk tank. The officers testified that the husband was extremely drunk when he was brought in. The husband was found unconscious in the morning and died soon thereafter because of hematoma from injuries apparently received around the left eye and forehead.

Plaintiff tried to use the doctrine of res ipsa loquitur to hold the prison officials responsible for the death. The Court, however, did not permit this. The Court reasoned that the Plaintiff failed to prove that either officer or some fellow inmates were responsible for the injuries to her husband. Even if inmates were responsible, city still was not be liable unless it knew before hand the violent propensities of the inmate. The Court reasoned that, in big city jails, many drunks are brought in and it is impossible to provide each drunk with a separate secure cell.