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  1. 9.8 Section 1983 Claim Against Local Governing Body Defendants Based on Policy of Failure to Train—Elements and Burden of Proof

    ... violation, that this policy amounts to deliberate indifference to plaintiff  [ name ] ’s constitutional ... policy.]             “Deliberate indifference” is the conscious choice to disregard  a known or obvious ...

  2. 9.27 Particular Rights—Eighth Amendment—Convicted Prisoner's Claim re Conditions of Confinement/Medical Care

    ... plaintiff.               “Deliberate indifference” is the conscious choice to disregard the consequences of ... a convicted prisoner and claims the defendants’ deliberate indifference to a substantial risk of serious harm or serious medical needs. ...

  3. 9.33B Particular Rights—Fourteenth Amendment—Due Process—State-Created Danger

    ... faced) if the government employee acted with deliberate indifference to a known or obvious danger.               ... Third, the defendant acted with deliberate indifference to a known or obvious danger; and   ...             In this context, “deliberate indifference” means that the defendant disregarded a known or obvious ...

  4. 9.32 Particular Rights—Fourteenth Amendment—Due Process—Interference with Parent/Child Relationship

    ... objectives; or (2) the official acted with “deliberate indifference” to the victim.  Scott 109 F. 4th at ... the plaintiff must show the officer acted with “deliberate indifference.” See id. To decide which test to apply, we must thus ask ...

  5. 9.33 Particular Rights—Fourteenth Amendment—Due Process—Deliberate Fabrication of Evidence

    ...               “Deliberate indifference” is the conscious or reckless disregard of the consequences of ...              Imposing a deliberate indifference or reckless disregard for an accused’s rights or for the truth ...

  6. 9.28 Particular Rights—Eighth Amendment—Convicted Prisoner's Claim of Failure to Protect

    ... policy and practice). “A prison official’s ‘deliberate indifference’ to a substantial risk of serious harm to an inmate violates the ... “While Estelle establishes that deliberate indifference entails something more than mere negligence, the cases are also ...

  7. 9.33A Particular Rights—Fourteenth Amendment—Due Process—Deliberate or Reckless Suppression of Evidence

    ... and  Third, the defendant acted with deliberate indifference to an accused’s rights or for the truth in suppressing the evidence.              “Deliberate indifference” is the conscious or reckless disregard of the consequences of ...

  8. 9.4 Section 1983 Claim Against Supervisory Defendant in Individual Capacity—Elements and Burden of Proof

    ... that showed a reckless or callous             indifference to the deprivation by the subordinate of the rights of others;] ... is made; or 3) for conduct that showed a reckless or callous indifference to the rights of others.” Hyde v. City of Willcox , 23 F.4th ...

  9. 9.30 Particular Rights—Fourteenth Amendment—Pretrial Detainee's Claim re Conditions of Confinement/Medical Care

    ... “to the extent that it identified a single deliberate indifference standard for all § 1983 claims . . . .” Castro at 1070. ... Amendment’ must be evaluated under an objective deliberate indifference standard”) (extending Castro ); Sandoval v. County of ...

  10. 5.5 Punitive Damages

    ... rights if, under the circumstances, it reflects complete indifference to the plaintiff’s safety or rights, or if the defendant acts in ... motive or intent, or when it involved a reckless or callous indifference to the constitutional rights of others.’”   Morgan v. ...

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