×
You've used up your 3 free articles for this month. Subscribe today.
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, …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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
- Settlement Reached to Protect Hawaii Prisoners from COVID-19, by David Reutter
- HRDC Wins Appeal in Florida Public Records Request Case Against Armor Correctional Health Services
- Show Me the Money: Tracking the Companies that Have a Lock on Sending Funds to Incarcerated People, by Stephen Raher, Tiana Herring
- 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 DOC Agrees to Expand Recognition of Religious Groups After DOJ Investigation
- Michigan Prisons Ordered to Provide Jewish Prisoners Meat and Dairy on Sabbath and Holidays; Sixth Circuit Affirms, by David Reutter
- 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
- Dallas County Prisoner Trust Fund Bilked of $700,000 With Faked Debit Release Cards by Jail Employee
- Seventh Circuit Reinstates Illinois Prisoner’s Suit Over ‘Orange Crush’ Shakedown, by David Reutter
- All Writs Act Provides Authority for Medical-Imaging Transport Order for Condemned Ohio Prisoner Challenging His Conviction; Certiorari Granted, by David Reutter
- Oregon Prisoners Face Off in Guards’ Legal Fight Over COVID-19 Vaccination Mandate
- Oregon Federal Court Sides with HRDC, Denies Motion to Compel Arbitration by “NUMI” Stored Value Cards, by Jacob Barrett
- Justice Department Releases Ten-Year Recidivism Study, by Matthew Clarke
- After Sixth Death in Six Years, Virginia Jail Cuts Ties with Corizon Health, by Jayson Hawkins, Keith Sanders
- Sixth Circuit Holds Subjective Prong of Deliberate Indifference Test Inapplicable to Pretrial Detainee’s Claims; Reinstates Lawsuit, by Matthew Clarke
- $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
- Second Circuit Holds N.Y. Prisoner’s Short-Term Injury May Qualify As Disability under ADA, by Jo Ellen Nott
- News in Brief
More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- 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
More from these topics:
- Class Action Certified in Lawsuit Alleging Raw Sewage Presence in Washington Jail, Oct. 1, 2026. Plumbing, Sewage, Sanitation, Class Certification, Deliberate Indifference.
- $700,000 Paid by West Virginia for Jail Death, Claims Against Wexford Health Pending, Oct. 1, 2026. Wexford Health Services, Restraints, Settlements, Excessive Force (Wrongful Death), Deliberate Indifference.
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Federal Jury Returns $763,000 Verdict Against Centurion for Indiana Prisoner’s Denied Kidney Disease Treatment, Oct. 1, 2026. Centurion, Medication, Pain, Failure to Treat, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026. Staffing, Injunctions, Failure to Treat (Mental Illness), Pretrial Detention and Detainees, Competency.
- Prison Policy Initiative Report Finds Prison Policies Ignore Menopause Behind Bars, Oct. 1, 2026. Systemic Medical Neglect, OB/GYN.
- Last of Three Oklahoma Jail Death Settlements Totaling $66.5 Million Paid for Fatal Dehydration of “Cookie Queen”, Oct. 1, 2026. Diabetes, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026. Plumbing, Sanitation, Summary Judgment, Costs, Deliberate Indifference.

