Can a defendant under the Fourteenth Amendment be held liable for failing to provide adequate medical care to a pretrial detainee?

MultiRegion, United States of America

The following excerpt is from Quiroga v. Hasta, Case No. 1:15-cv-01871-LJO-JLT (PC) (E.D. Cal. 2018):

individual defendants are evaluated under the Fourteenth Amendment by an objective, not subjective, deliberate indifference standard. Gordon v. County of Orange, 888 F.3d 1118, 1124-25 (9th Cir. April 30, 2018). The elements of a pretrial detainee's medical care claim against an individual defendant under the due process clause of the Fourteenth Amendment are: (i) the defendant made an intentional decision with respect to the conditions under which the plaintiff was confined; (ii) those conditions put the plaintiff at substantial risk of suffering serious harm; (iii) the defendant did not take reasonable available measures to abate that risk, even though a reasonable official in the circumstances would have appreciated the high degree of risk involved -- making the consequences of the defendant's conduct obvious; and (iv) by not taking such measures, the defendant caused the plaintiff's injuries. Id., at 1125.

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