Pacelli v. Devito

EASTERBROOK, Circuit Judge. Huron Loyd Cain was trapped in a mental institution by two common features of bureaucracy: specialization and apathy. Although Cain was held 19 months after a psychiatrist concluded that he was no longer dangerous and ordered his discharge, each person he accuses has a plausible reply that he saw such a small portion of the picture that he cannot properly be called on to pay damages, and that his job description did not require him to learn more. Only one person knew the full truth: Cain himself, who was released promptly after he called the problem to the attention of a state court. Nancy Pacelli, Cains sister and the administrator of his estate (he died in 1985), contends that the many defendants should have informed themselves. Because what state officials "should have known" is an insufficient basis of constitutional liability, McGill v. Duckworth, 944 F.2d 344 (7th Cir. 1991), we agree with the district court that this deplorable indifference is not actionable under 42 U.S.C. § 1983.