United States Second Circuit

In a 42 U.S.C. section 1983 action for deliberate indifference to a prisoner's medical needs, summary judgment for defendants is affirmed where the standard for analyzing a claim of deliberate indifference to the health or safety of a convicted prison inmate held in state custody as a violation of the right of the inmate to be free from cruel and unusual punishment under the Eighth Amendment is also applicable to claims brought by pretrial state detainees under the Due Process Clause of the Fourteenth Amendment, and there was no evidence in the record from which a reasonable juror could conclude in the affirmative.

Appellate Information

• Argued 10/24/2008
• Decided 09/22/2009
• Published 09/22/2009

Judges

• SACK, Circuit Judge:, Before: SACK, KATZMANN and KELLY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Chad A. Jerome, The LaFave Law Firm, PLLC (Lawrence J. Zyra, of counsel), Delmar, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Timothy S. Brennan, Phelan, Phelan & Danek, Albany, NY, for Defendant-Cross-Defendant-Appellee.