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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 …
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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:
- Spike in Massachusetts Prisoner Suicides Blamed on Isolation, K-2 and Spotty Mental Healthcare, May 1, 2026. DOJ CRIPA Actions, Failure to Treat (Mental Illness), Suicides, Confinement in Segregated Housing, Administrative Detention/Segregation.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Nearly 50 People Have Died in ICE Custody Since Trump’s Return to White House, May 1, 2026. LaSalle Management Company, Systemic Medical Neglect, Staffing, Suicides, Immigration Detention.
- Monitor Says Massachusetts Prisons Will Not Meet Settlement Deadline for Mental Health Reforms, May 1, 2026. Private Prisons, DOC/BOP misconduct, Consent Decrees, Failure to Treat (Mental Illness), Suicides.
- $750,000 Paid by NaphCare for New York Jail Suicide, May 1, 2026. Naphcare, Jail Specific, Medical Neglect/Malpractice, Suicides, Cruel and Unusual Punishment.
- Alabama DOC Terminates $1 Billion Contract with YesCare, May 1, 2026. Naphcare, Corizon, Private Contractors, Suicides, Employee Litigation.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026. Summary Judgment, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Death of Washington Jail Standards Bill Risks Repeat of $2.5 Million Settlement That Closed One County’s Jail, April 1, 2026. Staffing, Failure to Protect (Wrongful Death), Suicides, Staff Training, State Legislation.
- Hawai’i Settles Prison Mental Healthcare Class-Action With $100,000 in Attorney’s Fees and Expert Inspection That Produces Damning Report, April 1, 2026. Staffing, Failure to Treat (Mental Illness), Suicides, Confinement in Segregated Housing, Inadequate Health Care Facilities.

