· 6/28/1995
Eric A. Brice v. Virginia Beach Correctional Center Frank Drew, Sheriff John Nieves, Deputy Sheriff, and City of Virginia Beach
Citations
- 58 F.3d 101
- 1995 U.S. App. LEXIS 15958
- 1995 WL 380985
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the risk must be “so obvious . . . that the [officer] did know of it because he could not have failed to know of it.”
- finding that trauma and pain as a result of a four-hour delay in treating injured jaw was a serious medical need
- noting that the risk must be “so obvious . . . that the [officer] did know of it because he could not have failed to know of it.”
- “[A] prison official cannot hide behind an excuse that he was unaware of a risk, no matter how obvious.”
- “[t]o establish ... a constitutional violation, a claimant must prove that, objectively assessed, he had a ‘sufficiently serious’ medical need to require medical treatment” (citations omitted)
- “[D]eliberate indifference in this context lies somewhere between negligence and purpose or knowledge: namely, recklessness of the subjective type used in criminal law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Russell, Luttig, Phillips
Read full opinion on CourtListenerSourced 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.