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