Legal Memorandum: Rights of Pretrial Detainees

Issue: Under Federal Law, What are Pre-Trial Detainees’ Constitutional Rights to Protection from Harm?

Under the due process clause and the Eighth Amendment pretrial detainees have at least the same rights as convicted prisoners to adequate protection from harm.  TA s "Hare v. City of Corinth, 74 F.3d 633, 650 (5th Cir. " c 1 l "Hare v. City of Corinth, 74 F.3d 633 (5th Cir. 1996)"Hare v. City of Corinth, 74 F.3d 633, 650 (5th Cir. 1996).  A official state or county jail official violates these constitutional rights when: (1) the official has subjective knowledge of a substantial risk of serious harm to the pretrial detainee but (2) responds with deliberate indifference to that risk.  TA s "Hare v. City of Corinth, 74 F.3d 633, 650 (5th Cir. " c 1Id. at 650.  To prove a deprivation of a right it is not necessary to show that the defendant official acted or failed to act actually “believing that harm would befall an inmate; it is enough that the official acted or failed to act despite his knowledge of a substantial risk of serious harm.”  TA s "Farmer v. Brennan, 511 U.S. 825, 842 (1994)" c 1 l "Farmer v. Brennan, 511 U.S. 825 (1994)"Farmer v. Brennan, 511 U.S. 825, 842 (1994).

The critical first question is whether the jail officials in fact had the requisite knowledge of a substantial risk to the detainee.  This, however, is a question of fact for the factfinder; it is not a question to be resolved by the Court on a motion for […]