Forensic psychiatry & mental health law

Psychiatry & Law Radar

Thu 10 SepCASE

Headlines are the editor's. Summaries are machine-written and staff reviewed. Nothing here is legal or clinical advice.

Staff reviewed

LUTHER POYNTER V. AARON SHIRLEY

— STAFF
We conclude that Farmer’s subjective standard continues to control claims brought by a detainee who has not been convicted of a crime. Because the district court employed Westmoreland to evaluate defendants’ summary-judgment motion, we vacate its order and remand to allow the district court to consider in the first instance whether Poynter’s claim is viable under Farmer.

6th Cir. · vacated

Whether a pretrial detainee's failure-to-protect claim requires subjective awareness of risk or only objective unreasonableness.

https://www.courtlistener.com/opinion/10969229/luther-poynter-v-aaron-shirley/