No. 23-3359 ___________________________

Molly Vogt, as Trustee for the Heirs and Next-of-Kin of Joshua Vogt, deceased

Plaintiff - Appellant

v.

MEnD Correctional Care Inc.

Defendant

Crow Wing County, Minnesota; Heath Fosteson, Individually and in his capacity as Crow Wing County Jail Administrator; CO Robert Anderson; CO Raynor Blum; CO Cherokee DeLeon; CO Christine Ghinter; CO Ronald J. Imgrund; CO Lukasz Organista

Defendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: May 9, 2024 Filed: August 16, 2024 ____________ Before COLLOTON, Chief Judge, BENTON and SHEPHERD, Circuit Judges. ____________ BENTON, Circuit Judge. Joshua A. Vogt died of a drug overdose while detained in a county jail. His daughter, Molly Vogt, sued under 42 U.S.C. § 1983, claiming that three officers deliberately disregarded his medical condition. The magistrate judge recommended summary judgment for the officers. The district court 1 agreed. Vogt appeals, arguing that a pending adverse-inference instruction against the officers creates a material factual dispute whether the officers deliberately disregarded Mr. Vogt’s medical condition. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

Joshua Vogt was arrested on January 2, 2020. According to the arresting officer’s report, Mr. Vogt “behave[d] normally through the entire stop” and “did not appear to be . . . under the influence.”

Arriving at the Crow Wing County Jail around midnight, Mr. Vogt was strip- searched. No drugs were found. Officers stated he was “cooperative and responsive.” At some point before the search, Mr. Vogt had swallowed two bags of methamphetamine.

At 12:21 a.m., Officer Raynor Blum began booking Mr. Vogt. Observing him sweating, fidgeting, and shaking, Blum repeatedly asked if he was on drugs. Mr. Vogt denied being on drugs, explaining the symptoms as part of an anxiety episode. At 12:34 a.m., he stumbled and about ten minutes later, required assistance moving to his individual holding cell (Holding Cell 2). Vogt never asked for medical attention.

Since Blum believed that Mr. Vogt was on drugs, he reported the behavior to Sergeant Ronald J. Imgrund. Imgrund talked with Mr. Vogt, who denied he was on drugs, again blaming a panic attack. Imgrund performed breathing exercises with

1 The Honorable Wilhelmina M. Wright, United States District Judge for the District of Minnesota, now retired, adopting the report and recommendations of The Honorable Tony N. Leung, United States Magistrate Judge. -2- him to help him calm down. The officers testified that once he was in his holding cell at 12:46 a.m., they performed “no fewer than eight” wellness checks.

At 1:29 a.m., Imgrund saw Mr. Vogt raising his hand. Finding him on his back shaking, the officers ordered an ambulance. Within minutes, he was no longer breathing. Officers conducted CPR. Mr. Vogt was pronounced dead at 2:20 a.m.

Footage from Camera 18—showing Mr. Vogt’s (about) eight-minute stay in Group Holding and an angle of his (about) hour in Holding Cell 2—was not preserved. Mr. Vogt’s daughter, Molly Vogt, sued, claiming that the officers deliberately disregarded her father’s medical condition. She also alleged that the county had not disclosed all relevant footage. Finding that the county had intentionally destroyed Camera 18’s