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Ninth Circuit Modifies Deliberate Indifference Analysis for Pretrial Detainees’ Inadequate Medical Care Claims
Loaded on Oct. 12, 2018
by Matthew Clarke
published in Prison Legal News
October, 2018, page 48
Filed under:
Drug/Alcohol Withdrawal,
Medical Neglect/Malpractice,
Fourteenth Amendment, rights.
Location:
California.
by Matt Clarke
On April 30, 2018, the Ninth Circuit Court of Appeals held it was error to apply a subjective standard to a 42 U.S.C. § 1983 claim alleging inadequate medical care that resulted in the death of a pretrial detainee.
Matthew Shawn Gordon was arrested …
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More from this issue:
- $12.5 Million to Settle Class Action Suit Over Strip Searches of NYC Jail Visitors, by Anthony Accurso
- Washington State: Jail Phone Rates Increase as Video Replaces In-Person Visits, by Steve Horn, Iris Wagner
- Florida: Federal Prison Guard Sentenced for Accepting Bribe, by Monte McCoin
- Class-action Settlement in Mississippi “Debtors’ Prison” Case, by Derek Gilna
- Colorado Accused of Failing to Comply with Settlement in Mental Health Care Suit, by Derek Gilna
- California Attorney Specializes in Representing Prisoners Victimized by Fraud, by Monte McCoin
- Angola Prison Lawsuit Poses Question: What Kind of Medical Care do Prisoners Deserve?, by Amanda Aronczyk, Katie Rose Quandt
- Pro se Texas Prisoner Wins $250,550 Default Judgment in Use of Force Case, by Edward Lyon
- Humanism to be Recognized as Approved Faith in North Carolina Prisons, by Kevin Bliss
- Louisiana Jail Settles with DOJ Over HIV Discrimination, by Dale Chappell
- Rhode Island: Life-sentenced Prisoner is “Civilly Dead,” Cannot Pursue Tort Claim, by Christopher Zoukis
- Florida ICE Detention Center Restricts Detainees’ Observance of Ramadan, by Steve Horn
- Australian Woman Gives Birth in Cell After Guards Can’t Unlock the Door, by Monte McCoin
- Low Pay, High Staff Turnover Drive Texas Prison Guard Shortage, by Matthew Clarke
- Nebraska County, Jail Medical Provider Settle Suit Over Medication Denial for $10,000, by Matthew Clarke
- Iowa Prison Guard Wins $2 Million on Retaliation, Disability Accommodation Claims, by Edward Lyon
- New York: $100,000 to Settle Suit over Rape of Trans Prisoner Held in Men’s Prison, by Christopher Zoukis
- Lawsuit Over Prisoner Assault at Tennessee Jail Results in Settlement, Dismissal, by Kevin Bliss
- Ninth Circuit Modifies Deliberate Indifference Analysis for Pretrial Detainees’ Inadequate Medical Care Claims, by Matthew Clarke
- Landmark Stanford Prison Experiment Criticized as a Sham, by Steve Horn
- U.S. Marshals Capture Fugitive Former Prison Guard After 10 Years on the Run, by Monte McCoin
- Kentucky Reluctantly Returns to Prison Privatization
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More from Matthew Clarke:
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
- Tenth Circuit Upholds $33 Million Jury Award in Suit Over Detainee’s Horrific Death in Oklahoma County Jail, July 1, 2026
- Texas Prison System Bans Prisoners from Receiving Hardback and Used Books, July 1, 2026
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026
- Dallas County Jail Deaths, Many Preventable, Dramatically Increase Under Sheriff Marian Brown, June 1, 2026
- Ninth Circuit Lets Stand Ruling That Federal Prisoners’ Gradually Accumulated Savings Are Subject to Restitution Turnover, June 1, 2026
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026
More from these topics:
- He Died in a Florida Jail. The Company in Charge Should Have Sent Him to the Hospital, Experts Say., July 1, 2026. Armor Correctional Health Services, Systemic Medical Neglect, Medical Neglect/Malpractice.
- Tenth Circuit Upholds $33 Million Jury Award in Suit Over Detainee’s Horrific Death in Oklahoma County Jail, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Three Women Died at a Michigan Prison in Less than a Month, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- After Spoliation Sanction, CoreCivic Settles Suit Over Suicide in New Mexico ICE Lockup, July 1, 2026. Corrections Corporation of America/CoreCivic, Discovery, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides.
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026. Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- Over $2 Million Paid by Otero County and VitalCore Health Strategies for New Mexico Jail Suicide, June 1, 2026. Failure to Treat, Medical Neglect/Malpractice, Suicides, Immunity - Sovereign/Municipal, Deliberate Indifference.
- New York City Reaches Settlements Totaling Nearly $5.2 Million with Estates of Two Fatal Methadone Overdose Victims Detained on Rikers Island, June 1, 2026. Failure to Treat, Drug Overdose, Medical Neglect/Malpractice, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Dallas County Jail Deaths, Many Preventable, Dramatically Increase Under Sheriff Marian Brown, June 1, 2026. Systemic Medical Neglect, Failure to Treat, Jail Specific, Medical Neglect/Malpractice, Deliberate Indifference.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Spate of Deaths at Tulsa Jail Highlights Medical Neglect, June 1, 2026. G4S/Group 4, Jail Misconduct, Systemic Medical Neglect, Private Contractors, Medical Neglect/Malpractice.

