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|
|Cited Cases:||511 U.S. 825; 74 F.3d 633|
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 […]