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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
- New Jersey County Pays $95,000 to Female Lawyer “Wanded” Between Legs at Jail, by Christopher Zoukis
- Federal Jury Awards $6 Million to Epileptic Colorado Prisoner, but New Trial Ordered, by Matthew Clarke
- $10 Million Class-action Lawsuit Against Virginia Jail Results in $725,000 Settlement, by R. Bailey
- HRDC Files Censorship Suit Against New Mexico Jail; Court Orders Dismissal Based on Mootness, by Steve Horn
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- Two Former Oklahoma Death Row Prisoners Obtain $3.15 Million Settlement, by Derek Gilna
- Jury Awards North Carolina Prisoner $15,000 for Staff Sexual Assault
- Formerly Incarcerated Chef Plans to Revolutionize Ramen, by Steve Horn
- Kentucky Law Requiring Abused Spouse to Pay for Abuser’s Divorce Attorney Abolished
- Fifth Circuit Upholds Convictions of Louisiana Jail Staff for Failing to Stop Abuse, by Matthew Clarke
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- Arizona: Lawsuit Spurs Significant Reforms for Death Row Prisoners, by Derek Gilna
- Oregon County Pays $2.85 Million for Dehydration Death of Mentally Ill Jail Prisoner, by Dale Chappell
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More from Matthew Clarke:
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026
More from these topics:
- Hospital Keeps Sending Detainees Back Without Care to County Jail in Colorado, May 1, 2026. Jail Misconduct, Private Contractors, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- NaphCare Pays $875,000 to Settle New York License Violations, Banned from State for Five Years, May 1, 2026. Naphcare, Contractor Misconduct, Systemic Medical Neglect, Private Contractors, Medical Neglect/Malpractice.
- $2.135 Million Partial Settlement Reached in Schizophrenic Detainee’s Death from “Gross Medical Neglect” at South Carolina Jail, May 1, 2026. Prison Health Services, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026. Drug Overdose, Overcrowding, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Negligence, Lack of Training at Ohio’s Cuyahoga County Jail Led to String of Deaths, May 1, 2026. Systemic Medical Neglect, Drug Overdose, Jail Specific, Failure to Train/Supervise, Medical Neglect/Malpractice.
- $750,000 Paid by NaphCare for New York Jail Suicide, May 1, 2026. Naphcare, Jail Specific, Medical Neglect/Malpractice, Suicides, Cruel and Unusual Punishment.
- Houston Jail Renews $38 Million Contract to Outsource Detainees to Private Lockups, April 1, 2026. Corrections Corporation of America/CoreCivic, Failure to Treat, Overcrowding, Staffing, Medical Neglect/Malpractice.
- $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.

