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Sixth Circuit Holds Subjective Prong of Deliberate Indifference Test Inapplicable to Pretrial Detainee’s Claims; Reinstates Lawsuit
Loaded on March 1, 2022
by Matthew Clarke
published in Prison Legal News
March, 2022, page 52
Filed under:
Systemic Medical Neglect,
Failure to Treat,
Pretrial Detention and Detainees,
Deliberate Indifference.
Location:
Tennessee.
by Matt Clarke
On September 22, 2021, in a case with enormous impact on the way jails may treat pretrial detainees, the U.S. Court of Appeals for the Sixth Circuit decided that jail official do not need to have subjective knowledge of a serious risk to a detainee, and so ...
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More from this issue:
- Wellpath Founder and CEO Pleads Guilty to Federal Bribery Charges, by David Reutter
- From the Editor, by Paul Wright
- JPay Founder Ryan Shapiro Indicted for Securities Fraud, by Kevin Bliss
- Guards Not Vaxxing Across the U.S., by Jo Ellen Nott
- Virginia DOC Terminates Contract with Armor Correctional Healthcare, by Ashleigh Dye
- “The Worst Prison in New York State”, by Victoria Law
- $500,000 Default Judgment for Tennessee Woman Sexually Assaulted by Probation Officer, by David Reutter
- HRDC Wins Appeal in Florida Public Records Request Case Against Armor Correctional Health Services
- Settlement Reached to Protect Hawaii Prisoners from COVID-19, by David Reutter
- Show Me the Money: Tracking the Companies that Have a Lock on Sending Funds to Incarcerated People, by Tiana Herring, Stephen Raher
- BOP Greenlights Sex Reassignment Surgery for Federal Prisoner in Texas, by Matthew Clarke
- Department of Justice Reports on Two Decades of Prisoner Suicides, by Matthew Clarke
- Fifth Circuit Reinstates Guard’s Lawsuit Claiming Other Guards Raped Her in Texas Prison
- Michigan Prisons Ordered to Provide Jewish Prisoners Meat and Dairy on Sabbath and Holidays; Sixth Circuit Affirms, by David Reutter
- Michigan DOC Agrees to Expand Recognition of Religious Groups After DOJ Investigation
- Former Florida Prison Guard Sentenced for Conspiracy to Assault Youthful Offenders
- Federal Court Hears that Mental Healthcare in Louisiana Prison is “Almost Non-existent”, by Matthew Clarke
- Federal Judge Finds Alabama DOC Mental Health Care Horrendous, Orders: Start Hiring, by Jo Ellen Nott
- Tenth Circuit: Mentally Ill Prisoners Have No Clearly Established Right to Be Kept Out of Solitary Confinement, by Jacob Barrett
- $40,251 Default Judgment for Detainee in Malicious Prosecution by Georgia Police Officer
- Settlement Reached in Lawsuit Alleging Inadequate COVID-19 Response at Maryland Jail, by David Reutter
- California Court of Appeal Holds Prisoner May Challenge Administrative Disciplinary Violation Already Served, by Matthew Clarke
- “Abject Cruelty”: California Jail Guards Sentenced for Coordinating Prisoner Excrement Fights
- Seventh Circuit Reinstates Illinois Prisoner’s Suit Over ‘Orange Crush’ Shakedown, by David Reutter
- Dallas County Prisoner Trust Fund Bilked of $700,000 With Faked Debit Release Cards by Jail Employee
- Oregon Prisoners Face Off in Guards’ Legal Fight Over COVID-19 Vaccination Mandate
- All Writs Act Provides Authority for Medical-Imaging Transport Order for Condemned Ohio Prisoner Challenging His Conviction; Certiorari Granted, by David Reutter
- Justice Department Releases Ten-Year Recidivism Study, by Matthew Clarke
- Oregon Federal Court Sides with HRDC, Denies Motion to Compel Arbitration by “NUMI” Stored Value Cards, by Jacob Barrett
- Sixth Circuit Holds Subjective Prong of Deliberate Indifference Test Inapplicable to Pretrial Detainee’s Claims; Reinstates Lawsuit, by Matthew Clarke
- After Sixth Death in Six Years, Virginia Jail Cuts Ties with Corizon Health, by Keith Sanders, Jayson Hawkins
- $638,250 Judgment Against Georgia Jail Guard Who Orchestrated Prisoner’s Beating, by Harold Hempstead
- Federal Judge Sanctions Former Arizona DOC Director’s Foot-Dragging Attorneys in Pro Se Prisoner’s Suit, by Matthew Clarke
- $21,525 Awarded by Federal Court to Indiana Prisoner Subjected to Battery by Guard, by David Reutter
- Third Circuit: Retroactive Application of Amended New Jersey Parole Guidelines May Violate Ex Post Facto Clause, by Douglas Ankney
- Corrections Special Applications Unit Builds a Lucrative National Track Record of Abuse and Torture, by J.D. Schmidt
- Massachusetts DOC Fires COVID-19 Mitigation Ombudsman Over Previous Allegations of Document Falsification
- News in Brief
- Second Circuit Holds N.Y. Prisoner’s Short-Term Injury May Qualify As Disability under ADA, by Jo Ellen Nott
More from Matthew Clarke:
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, May 1, 2025
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, April 1, 2025
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025
- TDCJ to Run Out of Beds in 2025, April 1, 2025
- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, March 1, 2025
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
More from these topics:
- Rikers Island Detainees Wait in “Black Hole” for Competency Treatment, May 1, 2025. Pretrial Detention and Detainees, Competency Hearing.
- Washington DOC On Hot Seat Over “Unexpected Fatalities,” Missed Autopsies, May 1, 2025. Criminal justice system reform, Systemic Medical Neglect, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, False Statements/Perjury.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Oregon DOC Replaces Top Medical Staffers Amid Turmoil, May 1, 2025. Systemic Medical Neglect, Staffing.
- Studies Link Incarceration with Lower Cancer Survival Rates—For Prisoner’s Partners, Too, May 1, 2025. Systemic Medical Neglect, Cancer.
- Wisconsin Prisoner Inhaled His Own Teeth in Fatal Beatdown, May 1, 2025. Excessive Force, Pretrial Detention and Detainees, Assault Weapons.
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- Florida Prisoner Released to Die Settles With Centurion Over Ignored Prostate Cancer, May 1, 2025. Centurion, Cancer, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- $1.35 Million in Settlements for One-Legged San Francisco Detainee Forced to Hop—Twice, April 1, 2025. Disabled Prisoners, Settlements, Deliberate Indifference.