Legal Memorandum: Jail Officials' Failure to Protect Inmates

Issue: What is the standard of review for cases involving jail officials’ failure to protect inmates in the United States District Circuit in Northern Texas?

Generally, in this Circuit cases involving jail officials’ failure to protect an inmate from the risks of rape or suicide have been considered as “episodic act or omission” cases.  TA s "Flores v. County of Hardman, 124 F.3d 736, 738 (5th " c 1 l "Flores v. County of Hardman, 124 F.3d 736 (5th Cir. 1997)"Flores v. County of Hardeman, 124 F.3d 736, 738 (5th Cir. 1997); TA s "Scott v. Moore, 114 F.3d 51, 53-54 (5th 1997) " c 1 l "Scott v. Moore, 114 F.3d 51 (5th 1997) "Scott v. Moore, 114 F.3d 51, 53-54 (5th Cir. 1997) (en banc).  In Flores, the court set out the applicable standard:

To succeed in holding a municipality accountable for such a violation, the detainee must show that the municipal employee (1) violated his clearly established constitutional rights with subjective deliberate indifference and (2) the violation resulted from a municipal policy or custom adopted or maintained with objective deliberate indifference.

TA s "Flores v. County of Hardman, 124 F.3d 736, 738 (5th " c 1124 F.3d at 738.

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