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Failure to Adequately Treat Detainee Claim Dismissed—and Upheld  


Author:  Fred Cohen.


Source: Volume 19, Number 05, January/February 2018 , pp.71-71(1)




Correctional Mental Health Report

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Abstract: 

In Carl v. Muskegon Co., 2017 WL 4274469 (6th Cir.) Tim Carl, a former Michigan county pretrial detainee, appeals the dismissal of his lawsuit claiming deliberate indifference in his treatmentr. Carl’s primary grievance is that the physician treating him failed to certify him for involuntary hospitalization, which he claims he needed. Pretrial detainees have a right to treatment for their serious medical conditions analogous to a convicted inmate’s Eighth Amendment claim to treatment but plaintiff must show deliberate indifference to a serious condition. While a case can be made that the physician ought to have recognized that hospitalization was indeed called for, the facts, as summarized and explained here, do not support a claim of deliberate indifference under §1983.

Keywords: Carl v. Muskegon Co.

Affiliations:  1: Editor.

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