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· 9/20/2016

Olson v. Eastern Mutual Insurance Co.

Citations

  • 54 Misc. 3d 577
  • 41 N.Y.S.3d 658

How courts have described this case

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

  • holding that the objective unreasonableness standard applies to failure-to-protect claims brought by pretrial detainees
  • noting that the fourth element of a pretrial detainee’s Fourteenth Amendment failure to protect claim against an individual officer requires the plaintiff to plead that the defendant caused the plaintiff’s injuries
  • adopting the Castro test and explaining the defendant “must intend to carry out a[n] [objectively reasonable] course of actions”
  • “Following Kingsley, Miranda, and Hardeman, a plaintiff such as Kemp challenging the conditions of his pretrial detention need show only that a defendant’s conduct was ‘objectively unreasonable.’”
  • finding no evidence that an officer caused injuries or would have been alerted to a fight, despite his decision not to wear a hearing aid while on duty
  • affirming summary judgment in part because the plaintiff “admitted that he never reported [to the defendant] his verbal disagreement with [the other detainees] or the ensuing threats to Jail employees”

Source: CourtListener parenthetical corpus (CC0).

Judges: Zwack

Read full opinion on CourtListener

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.