×
You've used up your 3 free articles for this month. Subscribe today.
Deliberate Indifference Applies to Detainees
Loaded on May 15, 1998
published in Prison Legal News
May, 1998, page 12
The court of appeals for the tenth circuit held that county jail officials have a constitutional duty to protect the health and wellbeing of prisoners in their custody. The appropriate standard of liability under these circumstances is deliberate indifference, not objective reasonableness. Under the proper standard the court found that …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Oregon's Prison Slavocracy, by Dan Pens
- Slaves-R-Us Corporate Partners Wanted
- Profits First! Convict Labor in America, book: Twice the Work of Free Labor (Book Review), by Paul Ortiz
- Book Reviews, by Paul Ortiz
- From the Editor, by Paul Wright
- Profits First! Convict Labor in America, book: Worse than Slavery, D. Oshinsky, by Paul Ortiz
- WA County Launches Slave Labor Center
- Jailhouse Travel Agents
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Work Strike Suppressed and Sabotaged in Ohio, by Daniel Burton-Rose
- Texas Prison Labor Union
- CURE-Ohio and the Aftermath
- Prior Dismissals Count as Strikes
- Bad Faith Appeals
- Fee Required in Voluntary Dismissal
- Grievance Exhaustion Required
- Physical Injury Limit Defined, Wrongly
- Tenth Cir. Upholds IFP Provisions
- No Ex Post Facto Violation in Permanent Loss of Forfeited Good Time
- Alaska Classification Subject to Court Review
- DC Women Prisoners' Suit Settled
- Deliberate Indifference Applies to Detainees
- Louisiana DOC Defiance Rule Unconsitutional
- Prison Jobs and Free World Unemployment, by Adrian Lomax
- Unicor Steals Glove Business From Private Firms
- Union Reverses Position on Private Prisons
- New Jersey Mental Health Class Action Gains Momentum, by Steve Vaccaro
- Fact Finding Required in Disciplinary Suits
- Prison Phones Discussed
- $60,000 Judgement Against Florida DOC Reinstated, by James Quigley
- Jury Verdict Affirmed in Arkansas Prisoner Attack
- No Federal Remedy for False Disciplinary Charges
- Fact Dispute Bars Qualified Immunity Appeal
- Florida Finally Learns the Meaning of Ex Post Facto
- Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings
- Delay of Dental Service Violates 8th Amendment
- Michigan Visiting Restrictions Upheld
- Delay in Treatment for Jail Prisoner Actionable
- Denial of Counsel Reversed
- Law on Strip Searches of Prison Visitors Clearly Established
- News in Brief
- AZ Prisoners Have Right to Attend Paternity Hearings
- Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida
More from these topics:
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- The St. Louis Jails Are Running Out of Guards, Feb. 1, 2026. Systemic Medical Neglect, Failure to Protect (General), Staffing, Hygiene Supplies, Suicides.
- Amid ‘Catastrophic’ Shortage, Psychologists Flee Federal Prisons in Droves, Feb. 1, 2026. Staffing, Failure to Treat (Mental Illness), Suicides, Bureau of Prisons (BOP), Inadequate Health Care Facilities.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- Tenth Circuit Reverses Summary Dismissal of Claim Over Prisoner’s Suicide in Oklahoma Jail, Feb. 1, 2026. Failure to Train/Supervise, Failure to Protect (Wrongful Death), Suicides, Staff Training, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Pennsylvania County and Wellpath Pay Over $1.4 Million to Settle Claims of Four Former Jail Detainees, Including Three Who Died by Suicide, Jan. 1, 2026. Drug/Alcohol Withdrawal, Private Contractors, Failure to Treat, Body Cavity Searches, Suicides.
- $600,000 Awarded So Far in Disgraced Georgia Sheriff’s Trial for Abusing Detainee in Restraint Chair, Jan. 1, 2026. Exposure to Cold, Restraints, Qualified Immunity, Damages - Compensatory, Wrongful Use of Force.
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026. Seizure of Prisoner Funds, Trust Accounts, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.

