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Legal Memorandum: Rights of Pretrial Detainees

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

Area of Law: Constitutional Law, Litigation & Procedure
Keywords: Pretrial detainees constitutional rights; Protection from harm; Jail officials
Jurisdiction: Federal
Cited Cases: 511 U.S. 825; 74 F.3d 633
Cited Statutes: None
Date: 06/01/2000

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 […]

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