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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
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More from Matthew Clarke:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- 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
More from these topics:
- $4.5 Million Paid by Cook County for Detainee Suicide in Chicago Jail, Aug. 1, 2026. Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides, Administrative Detention/Segregation, Deliberate Indifference.
- Death of Seattle Detainee—Jailed Despite Not Being “Grounded in Reality”—Costs King County $3.5 Million Settlement, Aug. 1, 2026. Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Monell Liability.
- $10.19 Million Paid for Retired California Prison Guard’s Death in Colorado Jail, Aug. 1, 2026. Failure to Treat, Stun Guns/Tasers, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Fourth Circuit Affirms Damages Class Certification in Opioid Treatment Denial, Aug. 1, 2026. Wexford Health Services, Drug/Alcohol Withdrawal, Failure to Treat, Class Certification, Deliberate Indifference.
- $3.25 Million Paid by Georgia After Prisoner Bakes to Death in Outdoor Recreation Cage, Aug. 1, 2026. Failure to Treat, Exposure to Heat, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- $100,000 Paid to New York Detainee Whose Infant Died in Syracuse Jail, Aug. 1, 2026. Naphcare, OB/GYN, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Court Records Reveal Alabama DOC Guard Ignored Stabbed Prisoner, Aug. 1, 2026. Guard Misconduct, Medical Misconduct, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Tulsa Jail Shutting Down After Investigative Reporting on Detainee Deaths, Aug. 1, 2026. Contractor Misconduct, Systemic Medical Neglect, Staffing, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, Aug. 1, 2026. Sex Offender Residence, Parental rights, Fourteenth Amendment, rights.

