Nebraska Jury Instruction — 2.2.4.2 Pretrial Detainee Alleging Deliberate Indifference To Serious Medical Need is a crucial aspect of the Nebraska legal system. This instruction specifically addresses the rights of pretrial detainees who allege deliberate indifference to serious medical needs while in custody. It outlines the guidelines and legal requirements for evaluating such cases. Pretrial detainees are individuals who have been arrested but have not yet been convicted of a crime. While in custody, they have the right to receive appropriate medical care and treatment for any serious medical conditions they may have. This instruction ensures that the jury understands the duty of care owed to pretrial detainees and how to assess allegations of deliberate indifference to a serious medical need. Key elements addressed in this instruction include: 1. Pretrial Detainee's Well-being: The instruction emphasizes the importance of ensuring the health and well-being of pretrial detainees while in custody. It underscores the duty of authorities to provide necessary medical care promptly and adequately. 2. Deliberate Indifference: The instruction clarifies that deliberate indifference refers to the conscious disregard of a known risk to the health or safety of a pretrial detainee. It explains that deliberate indifference involves more than mere negligence or medical malpractice, as it necessitates a showing of intentional or reckless disregard. 3. Serious Medical Need: The instruction defines a serious medical need as a condition that has been diagnosed by a medical professional or one that is so obvious that even a layperson would recognize the need for medical attention. It also explains that the condition must pose a substantial risk of harm if left untreated or inadequately treated. 4. Legal Standard: This instruction guides the jury on the appropriate legal standard to be applied. It explains that to find liability, the jury must determine whether the defendant(s) acted with deliberate indifference by intentionally denying or delaying necessary medical care or by demonstrating reckless disregard for the detainee's medical condition. The specified Nebraska Jury Instruction — 2.2.4.2 Pretrial Detainee Alleging Deliberate Indifference To Serious Medical Need is comprehensive and intended to cover all relevant aspects of these cases. It provides jurors with the necessary framework to evaluate the evidence and make a fair and informed decision. It's important to note that there may be different versions or variations of this instruction depending on the specific circumstances or related legal precedents. However, the fundamental elements discussed above remain critical components across all versions.
Nebraska Jury Instruction - 2.2.4.2 Pretrial Detainee Alleging Deliberate Indifference To Serious Medical Need
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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 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.
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 ...
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 ...
Introductory Instruction Under the statute set forth at Title 42, Section 1983 of the United States Code, any person who, under color of law, deprives another of any rights, privileges, or immunities secured by the Constitution or laws of the United States shall be liable to the injured party.