F.4th, 2021 WL 4304754

Brawner v. Scott Co., Tenn.

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 11:30

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