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· 4/23/2024

D'Arata v. New York City Dept. of Health & Mental Hygiene

Citations

  • 2024 NY Slip Op 02142

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a defendant must have subjectively recognized that his action or inaction was inappropriate in light of the risk
  • holding that a defendant must have subjectively recognized that his action or inaction was inappropriate in light of the risk
  • holding that a defendant must have subjectively recognized that his action or inaction was inappropriate in light of the risk
  • holding that a defendant must have subjectively recognized that his action or inaction was inappropriate in light of the risk
  • noting that “an officer’s response to a perceived risk must be more than merely negligent or simply unreasonable” to qualify as deliberate indifference
  • noting that deliberate indifference “is a question of fact subject to demonstration in the usual ways, including inference from circumstantial evidence” (emphasis added

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.