and Associate Professor of Psychiatry at the University of Pittsburgh. Dr. Clark testified on March 26, 1954, that he had seen plaintiff professionally about five or six times in the preceding year. He testified: "When she comes in she would often be tearful, and she would tremble a good deal and say she was very nervous and upset because of continued troubles at home. She would say that she was depressed and didn't know what to do about the situation. Q. What did she blame the situation on? A. She said that whenever her husband was at home that life would be hard for her because of what he said and did, that she felt that he was saying things which he knew would stir her up and         -2-
Bouska, the nonmoving party. On June 11, 1994, while incarcerated at the South
Dakota State Penitentiary (SDSP), Bouska committed suicide. Butch Joffer was a case
manager in Bouska's cell block at SDSP. As a case manager, Joffer was in charge of
about 200 prisoners whom he helped with parole reviews, prisoner classifications, and
disciplinary hearings.

       Although there are some minor discrepancies in the record about the exact time
of events on June 11, the basic facts are undisputed. At approximately 10:30 a.m. on
June 11, Bouska asked Joffer if he could make a phone call. After checking the list of
authorized users, and finding Bouska not on it for that day, Joffer denied the request.
Around noon, Bouska placed an unauthorized