Indiana Jury Instruction - 2.2.4.2 Pretrial Detainee Alleging Deliberate Indifference To Serious Medical Need
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Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with ?equal protection under the laws,? extending the provisions of ...
The Eighth Amendment of the Constitution protects prisoners from ?cruel and unusual punishment.?6 In 1976, the Supreme Court said in Estelle v. Gamble that a prison staff's ?deliberate indifference? to the ?serious medical needs? of prisoners is ?cruel and unusual punishment? forbidden by the Eighth Amendment.
Fourteenth Amendment, Section 4: The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
?Deliberate indifference? is the conscious or reckless disregard of the consequences of one's acts or omissions.
The Eighth Amendment requires both an objective and subjective showing of deliberate indifference, meaning that incarcerated persons must offer evidence of a prison official's ?actual knowledge? of the serious medical con- dition; this often results in a ?he said, she said? scenario between incarcerated persons and ...