The following excerpt is from Hallstrom v. City of Garden City, 991 F.2d 1473 (9th Cir. 1992):
In Redman v. County of San Diego, 942 F.2d 1435 (9th Cir.1991) (en banc), we determined that in the context of providing for personal security, "[t]he requirement of conduct that amounts to 'deliberate indifference' provides an appropriate balance of the pretrial detainees' right to not be punished with the deference given to prison officials to manage the prisons." Id. at 1443. We noted that this standard would "protect against the deliberate, but arbitrary, choices by government." Id. We remand to the district court for its determination on the merits, guided by standards at least as solicitous as those applied to pretrial detainees.
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