Is a prison official's failure to protect a pretrial detainee a violation of the Fourteenth Amendment?
MultiRegion, United States of America
The following excerpt is from Heard v. Superior Court, No. 2:20-cv-01589-KJM-CKD (E.D. Cal. 2020):
Plaintiff is informed that a pretrial detainee's right to safety arises from the Fourteenth Amendment. Castro v. Cnty. of Los Angeles, 833 F.3d 1060, 1067-1068 (9th Cir. 2016) (en banc). A prison official's failure to protect a pretrial detainee is actionable if four conditions are met:
Id. at 1071. As to the third element, the defendant's conduct must be objectively unreasonable.
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