___________ No. 96-1127

___________ Susan Bahner, Individually and * as the Administratrix of the * Estate of Edward Bahner, * Deceased; Kurt Bahner; Kurt * Joshua Bahner; Nequila Rae * Bahner, * * Appeal from the United States Appellants, * District Court for the * Western District of Arkansas. v. * * [UNPUBLISHED] James Roy Carmack; J.R. * Mitchell; Neal Thomas; Shannon * Stovall; Roger Dye; Montgomery * County, Arkansas, * * Appellees. *

___________ Submitted: February 7, 1997 Filed: March 6, 1997

___________ Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

___________ PER CURIAM. This 42 U.S.C. § 1983 action arises from Edward Bahner's death by suicide while incarce rated at the Montgomery County Jail. The undisputed facts, vi ewed in the light most favorable to the appellants, are a s follow s. Bahner was arrested for theft and murder and transported to the Montgomery County Jail in October 1992. Based on a t ip from
a drug abuse counselor that Bahner might be suicidal, Bahner wa s placedon suicide watch for the first week following his arrest
. In March 1993, Bahner was temporarily moved to the Polk Coun ty Jail andin July 1993, Bahner was transferred to the Arkansas Count y Hospital, where he underwent psychiatric and-2-

psychological evaluations between July 7 and August 2. Th e psychologist's report states that the examining psychiatris t report edBahner showed no indication of psychotic thought o r behavior, and denied suicidal or homicidal ideation; he diagnosed Bahner with alcohol abuse and antisocial personality disorder.
During Bahner's absence from the Montgomery County Jail, his diary was discovered and read by defendants Sheriff James R
. Carm ack and Deputy Shannon Stovall. The diary--which containe d
en tries from November 8, 1992, through March 7, 1993--include d freq uent references to suicide, including a November 1992 entr y referring to an attempted suicide by hanging with a strip of towel; Bahner wrote that taking his life was better than twenty, or even ten years in jail; he wrote he was unable to get the strip o f towel tight en ough, but would "keep on trying." A December 1992 entr y ind icated Bahner planned to take his life that night by strangulation.
Bahner was returned to the jail August 3, 1993. In December 1993, Ba hner wrote his mother that he had tried to kill himself
. Bahner p leaded guilty to murder and theft and was sentenced to a total of sixty years imprisonment.
Bahner's parents visited with him on January 23, 1994, the d ay before Bahner was scheduled for transport to the Arkansa s Department of Correction to serve his sentence. They stated a t depositionthat although they were worried about him, neithe r thought he was suicidal that day. Defendants and witnesse s testified Bahner was upbeat and exhibited no change in his d emeanor that day.
Defendant Deputy Roger Dye was the only deputy on duty after 11:00 p. m. on January 23. Dye was given no special instruction s-3-

regarding monitoring Bahner; jail policy required Dye to per sonally check each inmate's cell hourl y. Dye checked the inmates at 12:00The Honorable Bobby E. Shepherd, United States Magistrate 1 Judge for the Western District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). -4- a.m., but failed to make the next two hourly checks, as he became busywith other duties at 1:00 a.m. Surveillance monitors wer e focusedon each cell and broadcast to the communication cente r where Dye was stationed. At some point between 12:00 a.m. a nd 2:26 a.m., Bahner hung himself with a braided towel. In response t o calls by Bahner's cellmate, Dy e went to the cell; he did not enter because jail policy forbade officers from entering prisoner' s cells unless a second officer was pr esent. Dye asked Bahner's cellmates to help cut Bahner down and pe rform CPR, before he called a fellow deputyand an ambulance. When the second deputy arrived, withi n appr oximatelyseven minutes, both deputies entered the cell an d performed CPR. Bahner was pronounced dead at St. Joseph's H ospital in Hot Springs, Arkansas, at 3:36 a.m.

Bahner 's relatives filed this section 1983 action agains t Carm ack; Deputies Neal Thomas, Stovall, and Dye; and Montgomer y County, Arkansas, alleging violation of Bahner's Eighth Amendment protections. Specifically, plaintiffs alleged that Carmack and his dep uties knew or should have known Bahner was suicidal an d demonstrated deliberate indifference by allowing Bahner to have a towel in his cell, and failing to conduct required cell checks
. Plaintiffs also alleged Carmack failed to train officers as t o monitoring of inmates, and both Carmack and the County failed t o promulgate policies for prevention of inmate suicides.

The de fendants moved for, and the district court grante d 1 summary judgment. This court reviews de novo the grant of summary judgment, giving the nonmoving party the benefit of every in ference drawn from the evidence, and finding summary judgment is prope r-5-

where there is no genuine issue of material fact and judgmen t appropriate as a matter of law
. See Yowell v. Combs , 89 F.3d 542,-6-

544 (8th Cir. 1996).
We conclude summary judgment was proper, as the plaintiffs d id not produce sufficient evidence that any defendant was delib erately indi fferent to "a strong likelihood, rather than a mer e pos sibility, that self-infliction of harm would occur." Bell v
. Sti gers , 937 F.2d 1340, 1343 (8th Cir. 1991) (internal quote s omitte d); see Farmer v. Brennan , 511 U.S. 825, 837-38 (1994 ) (of ficial is not deliberately indifferent unless he knows of an d disreg ards excessive risk to inmate health and safety; knowledg e requires that official both knew facts from which inference o f
excess ive risk could be drawn and drew inference). Althoug h Carmack and Stovall both read parts of Bahner's diary indica ting he was contemplating suicide, the last diary entry was in March 1993, and th ere is no evidence defendants knew Bahner continued t o contemplate suicide; the psychologist's report stated Bahner denied suicidal ideations, and by all accounts--including that of B ahner's parents--Bahner did not display any outward manifestations o f being suicidal. Additionally, allow ing Bahner to possess a towel is, at most, negligence. See Bell , 937 F.2d at 1343-45 (negligence i n failin g to recognize suicidal tendencies not an Eighth Amendmen t violation; no deliberate indifference in failing to detect o r remove belt where defendant not aware inmate suicidal, omiss ion may be characterized as negligence, but not deliberate indifference).
We further conclude plaintiffs failed to demonstrate Dye act ed withdeliberate indifference. There was no evidence that he wa s aware of the diary, and his conduct--in failing to perform hi s hourly check and video surveil lance, and failing to enter the cell and perform CPR until another officer was present--amounts to n o more than negligence. See Rellergert v. Cape Girardeau Coun ty , 924 F.2d 794, 797-98 (8th Cir. 199 1) (no deliberate indifference where defendant let decedent out of his sight with a bed sheet, while on-7-

suicid e watch; evidence tends to show defendant had mor e responsibilities than he couldsuccessfully discharge in emergency-8-

situation; could reasonably conclude defendant acted imprudently, wrongly, or negligently, but not with deliberate indifferenc e); see also Gordon v. Kidd , 971 F.2d 1087, 1095 (4th Cir. 1992) (no more than negligence where jailer--who was not aware of suicide t hreat-- tardy in checking cell).
Finall y, the district court correctly determined that th e plaintiffs failed to allege or demonstrate how the lack of an y writtensuicide policy by Carmack or the County contributed t o Bahner's death.
Accordingly, we affirm the judgment of the district court.
A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.