Page 132 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Duty to Protect Prisoners

Deshaney v. Winnebago County, 489 U.S. 189 (1989).

The Supreme Court acknowledged in this case that police have a

duty to protect prisoners, who, due to the restriction on their liberty,
are deprived of any means to protect themselves.

Estelle v. Gamble, 429 U.S. 97 (1976).

Although this case dealt with prisoners who had been sentenced,

courts use the standard from this case in concluding that police

officers must not be deliberately indifferent to the medical needs of a

person in their custody.

Deliberate Indifference means that the officers learn of a medical

condition and fail to take steps to get medical treatment for the

person in their custody.

©2021 Jack Ryan Legal & Liability Risk Management Institute 131