What is the test for the absence of negligence of a defendant in a civil case?

The personal injury claims were put to the jury, and she lost. That establishes the absence of negligence. The test of whether defendants breached their federal constitutional duty to a pretrial detainee is generally "deliberate indifference." Redman v. County of San Diego, 942 F.2d 1435, 1443 (9th Cir.1991). While absence of negligence might arguably leave open the possibility, in some cases, of deliberate cruelty, there was no deliberate cruelty demonstrated in the evidence in this case. In the facts of this case, there being no deliberate or wanton cruelty, it follows a fortiori from the verdict of no negligence that there was no constitutional deprivation.