Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Harper v. Lawrence County, No. 09-10226

By FindLaw Staff on October 07, 2009 4:51 PM

In a 42 U.S.C. section 1983 action alleging deliberate indifference to plaintiff's decedent's medical needs while he was in jail, denial of defendants' motion to dismiss based on qualified immunity is affirmed in part where: 1) plaintiff adequately alleged that defendants were aware of the decedent's condition because of his symptoms and behavior at the jail; and 2) case law at the relevant time should have put supervisor defendants on notice that policies or customs of delayed investigation into and treatment of alcohol withdrawal would be unlawful.  However, the district court's order is reversed in part where plaintiff's allegations did not support the jail supervisor defendants' personal participation in the denial of the decedent's Fourteenth Amendment rights.

Read Harper v. Lawrence County, No. 09-10226

Appellate Information

Filed October 7, 2009

Judges

Opinion by Judge Fay

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard