Helphenstine v. Lewis Co., Kentucky

Submitted by Re'Neisha Stevenson on Tue, 03/14/2023 - 14:46

Pretrial detainee in withdrawal from alcohol or drugs with severe vomiting and diarrhea, treated only with two doses of antiemetics prescribed by fax by doctor who never saw him died five days after arrest; court reviews impact of Kingsley on standard and concludes elements for pretrial detainee’s claim are now: “(1) that [plaintiff] had a sufficiently serious medical need and (2) that each defendant acted deliberately (not accidentally), [and] also recklessly in the face of an unjustifiably high risk of harm that is either known or so obvious that it should be known”; court analyzes individual defendants and denies summary judgment to several; court finds sufficient evidence of failure to train and denies summary judgment to county.

Citation
Actionable Conduct Edition