The following excerpt is from Tardif v. City of N.Y., 991 F.3d 394 (2nd Cir. 2021):
9 We note that this holding does not leave pretrial detainees, such as Tardif, without a remedy; rather, such a claim for a denial of medical treatment can be pursued under 42 U.S.C. 1983, as a due process claim under a deliberate indifference standard (as Tardif alternatively asserted in her complaint). See, e.g. , Weyant v. Okst , 101 F.3d 845, 856 (2d Cir. 1996) ("[T]he official custodian of a pretrial detainee may be found liable for violating the detainee's due process rights if the official denied treatment needed to remedy a serious medical condition and did so because of his deliberate indifference to that need.").
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