Credit: Fotolia Appellate Court: Injured Inmate's 'Deliberate Indifference' Claims Do Not Rise to Constitutional Violation
"Given our review of the relevant federal case law and the particular facts of the case—specifically that (1) the plaintiff was not seat belted, (2) the defendant refused to acquire a larger vehicle, and (3) the defendant drove erratically and exceeded the speed limit—we conclude that the allegations in the plaintiff's complaint and the record before the court in connection with the defendant's motion for summary judgment do not give rise to a claim of deliberate indifference because no federal precedent clearly establishes that the defendant's conduct violates the constitution," Chief Justice William H. Bright Jr. wrote on behalf of the appellate panel.
July 28, 2022 at 12:37 PM
6 minute read
The Connecticut Court of Appeals sided with a correctional transportation officer who crashed a vehicle with a shackled inmate not wearing a seat belt as a passenger, finding the trial court erred in denying his motion for summary judgment when applying a federal case with a more egregious set of facts.
The self-represented plaintiff, Omar J. Miller, sued correctional officer Joshua Medina, alleging deliberate indifference in violation of the Eighth Amendment for failure to abide by reasonable safety standards while transporting him to a hospital.
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