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Qualified Immunity: Supervisor Has It, Corrections Officer Doesn’t  

Author:  Ken Kozlowski.

Source: Volume 18, Number 04, May/June 2017 , pp.57-58(2)

Correctional Health Care Report

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This decision from the 11th Circuit Court of Appeals centers on an issue raised in many correctional health law suits, that of qualified immunity from civil liability in the commission of one’s duties as an agent of the state. While the facts presented here illustrate a disturbing pattern of negligence up and down a long chain of custodial agencies—including police, jail, mental health, and emergency room staff—our emphasis is on the court’s decision with respect to the liability of the jail staff involved, and specifically with the court’s decision to grant immunity to a supervising employee while withholding immunity from a subordinate.

Keywords: McBride v. Houston County Health Care Authority; deliberate indifference; referral for medical attention

Affiliations:  1: Ohio Supreme Court Library.

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