Brawner v. Scott Co., Tenn.

Pretrial detainee suffered seizures as a result of discontinuance of her medications; court holds that Kingsley requires modification of the subjective prong of deliberate indifferent test; to impose liability, defendant must have acted or failed to act “intentionally to impose the alleged condition, or recklessly failed to act with reasonable care to mitigate the risk that the condition posed to the pretrial detainee even though the defendant-official knew, or should have known, that the condition posed an excessive risk to health or safety”; here jury could find a serious medical need and that nurse was either subjectively aware of the risk to plaintiff from suddenly discontinuing her medications and failed to respond reasonably to that risk, or that the nurse recklessly failed to act reasonably to mitigate the risk that the serious medical need posed; evidence was sufficient to find county liable based on policy of waiting fourteen days before giving detainee a medical exam and blanket policy banning controlled substances.