Civil Rights - 42 U.S.C. Sec. 1983 Claims - Eighth or Fourteenth Amendment Claim - Convicted Prisoner or Pretrial Detainee Alleging Deliberate Indifference to Serious Medical Need

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-5-8
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Civil Rights — 42 U.S.C. Sec. 1983 Claim— - Eighth or Fourteenth Amendment Claim — Convicted Prisoner or Pretrial Detainee Alleging Deliberate Indifference to Serious Medical Need is a legal claim that an individual has experienced a violation of his or her civil rights due to a government entity’s deliberate indifference to a serious medical need. This claim is based on the Eighth or Fourteenth Amendment to the U.S. Constitution, which provides that an individual cannot be deprived of the right to life, liberty, or property without due process of law. The claim applies to prisoners and pretrial detainees, as well as those not yet convicted of any crime. The claim requires the plaintiff to show that the government entity was aware of the serious medical need and that it deliberately disregarded or failed to take necessary action to address it. The plaintiff must also demonstrate that a reasonable person would consider the medical need to be serious, and that the government’s inaction resulted in injury to the plaintiff. If successful, the plaintiff may be eligible to recover damages for their suffering. Types of Civil Rights — 42 U.S.C. Sec. 1983 Claim— - Eighth or Fourteenth Amendment Claim — Convicted Prisoner or Pretrial Detainee Alleging Deliberate Indifference to Serious Medical Need include: • Deliberate indifference to a prisoner's serious medical need; • Deliberate indifference to a pretrial detainee's serious medical need; • Failure to provide necessary medical care to a prisoner; • Failure to provide necessary medical care to a pretrial detainee; • Failure to provide adequate medical care to a prisoner; • Failure to provide adequate medical care to a pretrial detainee.

Civil Rights — 42 U.S.C. Sec. 1983 Claim— - Eighth or Fourteenth Amendment Claim — Convicted Prisoner or Pretrial Detainee Alleging Deliberate Indifference to Serious Medical Need is a legal claim that an individual has experienced a violation of his or her civil rights due to a government entity’s deliberate indifference to a serious medical need. This claim is based on the Eighth or Fourteenth Amendment to the U.S. Constitution, which provides that an individual cannot be deprived of the right to life, liberty, or property without due process of law. The claim applies to prisoners and pretrial detainees, as well as those not yet convicted of any crime. The claim requires the plaintiff to show that the government entity was aware of the serious medical need and that it deliberately disregarded or failed to take necessary action to address it. The plaintiff must also demonstrate that a reasonable person would consider the medical need to be serious, and that the government’s inaction resulted in injury to the plaintiff. If successful, the plaintiff may be eligible to recover damages for their suffering. Types of Civil Rights — 42 U.S.C. Sec. 1983 Claim— - Eighth or Fourteenth Amendment Claim — Convicted Prisoner or Pretrial Detainee Alleging Deliberate Indifference to Serious Medical Need include: • Deliberate indifference to a prisoner's serious medical need; • Deliberate indifference to a pretrial detainee's serious medical need; • Failure to provide necessary medical care to a prisoner; • Failure to provide necessary medical care to a pretrial detainee; • Failure to provide adequate medical care to a prisoner; • Failure to provide adequate medical care to a pretrial detainee.