deliberate indifference standard (Pennsylvania) · Go Syfert
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deliberate indifference standard in Pennsylvania

18 Pennsylvania opinions name it 1 courts 2003–2025 7 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Kretchmar v. Commonwealth, Department of Correctionsgreen
pacommwct · 2003 · cited in 5 Pennsylvania opinions naming this issue, 2017–2023
2 sentences

2023“The deliberate indifference standard contains both an objective element and a subjective element.” Kretchmar v. Dep’t of Corr., 831 A.2d 793, 798 (Pa. Cmwlth. 2003).

2021“The deliberate indifference standard contains both an objective element and a subjective element.” Kretchmar, 831 A.2d at 798 .

45
Inmates of the Allegheny County Jail v. Piercegreen
ca3 · 1979 · cited in 4 Pennsylvania opinions naming this issue, 2003–2025
2 sentences

2025Courts will ‘disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment . . . (which) remains a question of sound professional judgment.’” Inmates of the Allegheny C[nty.] Jail v. Pierce, 612 F.2d 754 , 762 (3d Cir. 1979) (citations omitted).

2020Courts will ‘disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment . . . (which) remains a question of sound professional judgment.’” Inmates of the Allegheny [Cty.] Jail v. Pierce, 612 F.2d 754 , 762 (3d Cir. 1979) (citations omitted).

24
Alexander v. Weinergreen
mad · 2012 · cited in 2 Pennsylvania opinions naming this issue, 2022–2025
2 sentences

2025Pesce, 355 F. Supp. 3d at 48 [quoting Alexander v. Weiner, 841 F. Supp. 2d 486, 493 (D.

2022Id. at 48 (quoting Alexander v. Weiner, 841 F. Supp. 2d 486, 493 (D.

22
Anthony Swain v. Daniel Juniorgreen
ca11 · 2020 · cited in 2 Pennsylvania opinions naming this issue, 2023–2024
2 sentences

2024See Swain v. Junior, 961 F.3d 1276, 1289 (11th Cir. 2020) (“We simply cannot conclude that, when faced with a perfect storm of a contagious virus and the space constraints inherent in a correctional facility, the defendants here acted unreasonably by ‘doing their best.’”).

2023See Swain v. Junior, 961 F.3d 1276, 1289 (11th Cir. 2020) (“We simply cannot conclude that, when faced with a perfect storm of a contagious virus and the space constraints inherent in a correctional facility, the defendants here acted unreasonably by ‘doing their best.’”).

22
Farmer v. Brennangreen
scotus · 1994 · cited in 4 Pennsylvania opinions naming this issue, 2003–2017
2 sentences

2017The subjective element of a deliberate indifference claim requires prison personnel to have acted with a “sufficiently culpable state of mind.” Id. (internal quotation marks omitted).

2017The subjective element of a deliberate indifference claim requires prison personnel to have acted with a “sufficiently culpable state of mind.” Id. (internal quotation marks omitted).

14
Neely v. Department of Correctionsgreen
pacommwct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021(Pa. Cmwlth., No. 311 M.D. 2013, filed Mar. 18, 2014),8 slip op. at 6; see also Neely v. Dep’t of Corr., 838 A.2d 16 , 20 n.6 (Pa. Cmwlth. 2003). “[W]here the failure to treat a prisoner’s condition could result in further significant injury or the unnecessary and wanton infliction of pain,” a serious medical condition exists and the first prong of the deliberate indifference standard is met.

11
Pennsylvania State Lodge, Fraternal Order of Police v. Commonwealth, Department of Conservation & Natural Resourcesgreen
pacommwct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018In reviewing an order sustaining preliminary objections, we are mindful that “it must appear with certainty that the law will not permit recovery, and, where any doubt exists as to whether the preliminary objections should be sustained, the doubt must be resolved in favor of overruling the preliminary objections.” Pennsylvania State Lodge, Fraternal Order of Police v. Commonwealth of Pennsylvania, Department of Conservation and Natural Resources, 909 A.2d 413, 416 (Pa. Cmwlth. 2006).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Tindell v. Department of Corrections green
pacommwct · 2014
2 sentences

2021Relying on Farmer v. Brennan, this Court has held that to demonstrate deliberate indifference to medical needs, an inmate must establish that: “(i) the prison official knew of and disregarded an excessive risk to inmate health or safety; (ii) the prison official was aware of facts 5 from which an inference could be drawn that a substantial risk of serious harm exists; and (iii) the prison official drew the inference.” Id.

2021Whether a prison official’s actions meet the deliberate indifference standard is a subjective inquiry “requiring the demonstration of a state of mind akin to criminal recklessness.” Tindell, 87 A.3d at 1039 .

22017–2021
Perry v. Roy green
ca1 · 2015
2 sentences

2022Id. at 48 (quoting Alexander v. Weiner, 841 F. Supp. 2d 486, 493 (D.

2022The subjective prong of the deliberate indifference standard, the court observed, requires a plaintiff to demonstrate “intent or wanton disregard when providing inadequate care.” Id. (citing Perry, 782 F.3d at 79 ).

12022–2022
Robert A. Gaudreault v. Municipality of Salem, Massachusetts green
ca1 · 1990
1 sentence

2022The subjective prong of the deliberate indifference standard, the court observed, requires a plaintiff to demonstrate “intent or wanton disregard when providing inadequate care.” Id. (citing Perry, 782 F.3d at 79 ).

12022–2022
Mark A. Campbell v. Kevin Kallas green
ca7 · 2019
1 sentence

2020As for [the prisoner’s] requests for electrolysis[, i.e., permanent facial hair removal,] and makeup, our cases offer no indication that denying arguably nonmedical cosmetic accommodations violates the Eighth Amendment. 936 F.3d at 549 .

12020–2020
Wilson v. Seiter green
scotus · 1991
2 sentences

2014In Wilson v. Seiter, 501 U.S. 294 , 111 S.Ct. 2321 , 115 L.Ed.2d 271 (1991), a case addressing claims that prison conditions constituted cruel and unusual punishment, the Court stated: The source of the intent requirement is not the predilections of this Court, but the Eighth Amendment itself, which bans only cruel and unusual punishment.

2014In Wilson v. Seiter, 501 U.S. 294 , 111 S.Ct. 2321 , 115 L.Ed.2d 271 (1991), a case addressing claims that prison conditions constituted cruel and unusual punishment, the Court stated: The source of the intent requirement is not the predilections of this Court, but the Eighth Amendment itself, which bans only cruel and unusual punishment.

12014–2014

Statutes the citing opinions construe

USC § 42u.s.c.1983 (8) PA § 42 Pa. Cons. Stat. § 761 (3) PA § 42 Pa. Cons. Stat. § 8522 (3) USC § 42u.s.c.12101-12213 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 18 (2003–2025) TX 8 (1993–2022) AZ 8 (2002–2026) MI 7 (1997–2020) CT 7 (2006–2026) CA 7 (1994–2023) NY 6 (2001–2025) MA 6 (1990–2021) CO 6 (1993–2026) NM 4 (2009–2025) AL 4 (2008–2016) WI 4 (1993–2000) MT 4 (1994–2026) OH 4 (2010–2019) WV 4 (2019–2022) UT 3 (1996–2022) OR 3 (2020–2026) LA 3 (1999–2015) IN 3 (2014–2024) AR 3 (2007–2014) IL 3 (2022–2024) NJ 3 (1997–2021) KS 3 (1993–2022) WA 3 (2015–2017) FL 3 (1995–2014) NC 2 (2021–2021) VT 2 (2005–2026) DE 2 (2017–2026) VA 2 (2024–2026) WY 2 (2018–2024) MN 2 (2006–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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