The deliberate indifference standard as applied to the suicide of incarcerated persons†

Abstract

Prison staff have a constitutional obligation not to be deliberately indifferent to the serious medical needs of persons in custody. This constitutional obligation, created by the Eighth Amendment for convicted offenders and the due process clause of the Fifth and Fourteenth Amendments for pre trial detainees, requires staff to protect inmates from suicide. Supreme Court decisions defining the deliberate indifference standard and the application of this standard in a custodial setting are discussed through an analysis of three separate cases presented to a United States Court of Appeals.