Downard for Estate of Downard v. Martin

Submitted by Re'Neisha Stevenson on Fri, 10/21/2022 - 08:56

To prove deliberate indifference, prison official must subjectively perceive facts from which to infer substantial risk to prisoner, and in fact draw the inference; subjective knowledge may be inferred from fact that substantial risk was “obvious,” in case of prison suicides this requires it have been obvious that there was a “strong likelihood” that an inmate would attempt suicide, thus, “it is not enough to establish that an official may have acted with deliberate indifference to some possibility of suicide, or even a likelihood of suicide; the test is a strong likelihood of suicide.

Tag(s)

Actionable Conduct Edition