Deliberate Indifference Standards

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In 1976, deliberate indifference standard was established by the United States Supreme Court in the Estelle v. Gamble case. In correctional liability issues, deliberate indifference standards for inmates can be applied when there are neglect and inadequate health care, psychological care, AIDS, environmental hazards, prison and jail conditions, and failure to protect one from harm. Each of these is a basic right and if violated, can affect their constitutional right to the Eighth Amendment, which, prohibits cruel and unusual punishment. When the Eighth Amendment constitutional right is violated, an inmate can bring forth a Section 1983. I'm going to discuss deliberate indifference and its standards, the responsibility that Sherry and the prison …show more content…

In the Farmer v. Brennan case, (1994), the Supreme Court held that deliberate indifference is a continuum and is "mere negligence and something less than acts or omissions for the very purpose of causing harm (Ross, 2014). Although deliberate indifference isn't easily defined as one, separately, each word has a meaning. "Deliberate" conveys that a specific action was chosen out of other options and "Indifference" conveying that one has consciously disregarded another's' rights. In the Section 1983 Standard, sherry must provide evidence that the officials failed to protect her. She must show evidence that the officers knew of the risk by placing her in general population and the harm that she was subjected to and their disregard for those risk. I agree with the court's reasoning in developing this standard because I believe that it is vital to have information about situations such as this because accusations can get people in a lot of trouble and can bring forth some serious consequences if the accusations turn out to be false and lives can be affected in a negative way. However, trying to provide evidence that one's rights have been violated can be hard because if the accusations are true, obtaining evidence in some cases can't be shown or there is a lack in …show more content…

Brennan case, I would say that Sherry may have a case and may prevail. I would say this because the official disregarded what could potentially happen if they placed Sherry into the general population. Sherry, who was born a male, but lived as a woman and in jail would cause a lot of attention, especially unwanted attention by other males. Secondly, the medical doctor recommended that she be placed in segregation for her own safety and lastly, when they had placed her in "D block" of the general population, they placed her with seven sex offenders. I would say that officers knew of the potential risk even the warning from a medical doctor and yet they disregarded it and placed her in harm's way. But on the other hand, I would say Sherry is also held responsible because she was also aware of the risk of being placed in general population and what could potentially happen. She continuously requests to be put with others. Given the analysis of the Farmer v. Brennan court case, the officers in Sherry's case failed to take measures, limit or eliminate risk to ensure that she was safe from harm. Furthermore, I would think Farmer would have had a case being that she was born male but looked female due to hormonal therapy that she would be in danger, but I assume she didn't have a case because she didn't object to being placed in general

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