Monday, June 1, 2015

No Clearly Established Right to Suicide Prevention Procedures

The Supreme Court ruled today that there was no clearly established right to proper implementation of adequate suicide prevention procedures in a prison. The per curiam ruling in Taylor v. Barkes means that the commissioner of the Delaware Department of Correction and a prison warden enjoyed qualified immunity against a claim by the family of a deceased prisoner that they failed to supervise and monitor a private contractor's intake screening and medical treatment of the suicidal prisoner. The family's civil rights case against the commissioner and warden is therefore dismissed.

The case involved a prisoner who had a history of psychiatric treatment, medication, and suicide, but who was not designated for any special suicide prevention measures pursuant to the intake protocol. After intake, the prisoner called his wife and told her he was going to kill himself. Officers observed the prisoner awake and behaving normally the next morning, but later that morning the prisoner hanged himself with a bed sheet.

The family sued the commissioner and warden for violation of the Eighth Amendment. But the Court's ruling today says that the prisoner had no clearly established right to proper implementation of an adequate suicide prevention protocol. As a result, the defendants enjoyed qualified immunity, and the case is dismissed.

https://lawprofessors.typepad.com/conlaw/2015/06/no-clearly-established-right-to-suicide-prevention-procedures.html

Cases and Case Materials, Fundamental Rights, News, Opinion Analysis | Permalink

Comments

Post a comment