· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.