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Custodial Suicide: Deliberate Indifference Meets Qualified Immunity  


Author:  Fred  Cohen.


Source: Volume 16, Number 06, March/April 2015 , pp.85-86(2)




Correctional Mental Health Report

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Abstract: 

Chris Barkes was a plainly troubled, suicide prone individual who committed suicide in a multi-purpose correctional facility in Wilmington, Delaware. The claim for damages insists that Taylor, then-Delaware Commissioner of Correction, and Williams, then-facility Warden, are liable in their supervisory capacity because they knew of, and failed to cure, fundamentally flawed policies on intake and suicide screening. Can two high-ranking prison administrators be entitled to qualified immunity from an Eighth Amendment claim that serious flaws in the provision of health care by a private, third-party provider resulted in an inmate’s suicide?

Keywords: Barkes v. First Correctional Medical, Inc. (FCM), 766 F.3d 307; Ashcroft v. Iqbal, 556 U.S. 662 (2009); Brown v. Muhlenberg Twp., 269 F.3d 205 (3d Cir.2001)

Affiliations:  1: Executive Editor.

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