Montana Jury Instruction — 2.2.4.2 Pretrial Detainee Alleging Deliberate Indifference To Serious Medical Need is a legal instruction issued in the state of Montana. This instruction relates to cases where a pretrial detainee brings a claim against a correctional facility or its staff alleging deliberate indifference to their serious medical needs. The instruction provides guidance to the jury on how to evaluate such claims and navigate the legal process. "Montana" and "jury instruction" are the primary keywords associated with this topic. Here is an overview of relevant content: 1. Definition of Pretrial Detainee: This instruction clarifies the term "pretrial detainee" as an individual who has been arrested and charged with a crime but has not yet been convicted or sentenced. It explains that pretrial detainees are entitled to receive necessary medical care while in custody. 2. Alleging Deliberate Indifference: The instruction outlines that the plaintiff, the pretrial detainee, must prove that the correctional facility or its staff acted with deliberate indifference towards their serious medical needs. It explains how deliberate indifference can be shown through actions or omissions that demonstrate a disregard for the detainee's health and well-being. 3. Serious Medical Need: The instruction discusses the requirement of a "serious medical need" for the claim to be valid. It defines a serious medical need as a condition that a reasonable person would find to be detrimental to their health or safety. The instruction may address different examples of serious medical needs that could fall under this category. 4. Evaluation by the Jury: Montana Jury Instruction — 2.2.4.2 provides guidance for the jury members on how to evaluate the evidence presented during the trial. It instructs the jurors to consider the facts, witness testimonies, and relevant documentation to determine if the detainee's claim of deliberate indifference to their serious medical need is valid. Overall, this specific jury instruction focuses on cases where pretrial detainees allege deliberate indifference to their serious medical needs while in custody. It serves as a guide for both the plaintiff and the jury, highlighting the necessary elements to establish liability and ensure a fair legal process.
Montana Jury Instruction - 2.2.4.2 Pretrial Detainee Alleging Deliberate Indifference To Serious Medical Need
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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 ...
?Deliberate indifference? is the conscious or reckless disregard of the consequences of one's acts or omissions.
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.
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 ...
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.