deliberate indifference standard (Massachusetts) · Go Syfert
← Massachusetts issues

deliberate indifference standard in Massachusetts

6 Massachusetts opinions name it 3 courts 1990–2021 1 in the last five years

The cases below were cited by Massachusetts 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 (4)

CaseFollowedCited
Hopper v. Callahangreen
mass · 1990 · cited in 2 Massachusetts opinions naming this issue, 2000–2020
2 sentences

2020See Hopper v. Callahan, 408 Mass. 621 , 627 & n.4 (1990).

2000Youngberg v. Romeo, 457 U.S. at 322 ; Hopper v. Callahan, 408 Mass. at 627 .

12
Baptiste v. Executive Office of Health & Human Servicesgreen
massappct · 2020 · cited in 1 Massachusetts opinions naming this issue, 2021–2021
1 sentence

2021See Baptiste v. Executive Office of Health & Human Servs., 97 Mass. App. Ct. 110 , 118 (2020), cert. denied, 209 L. Ed. 2d 752 (May 17, 2021) ("knowledge of noncompliance with a single safety regulation does not plausibly suggest that the [d]efendants were on notice of . . . a substantial risk of serious harm or that they were deliberately indifferent to such a risk" [quotation and citation omitted]).

11
Hudson v. Commissioner of Correctiongreen
massappct · 1999 · cited in 1 Massachusetts opinions naming this issue, 2018–2018
2 sentences

2018See Hudson v. Commissioner of Correction , 46 Mass. App. Ct. 538 , 548, 707 N.E.2d 1080 (1999), S .

2018See Hudson v. Commissioner of Correction , 46 Mass. App. Ct. 538 , 548, 707 N.E.2d 1080 (1999), S .

11
Hudson v. McMilliangreen
scotus · 1992 · cited in 1 Massachusetts opinions naming this issue, 1997–1997
2 sentences

1997Instead, the question whether the measure taken inflicted unnecessary and wanton pain and suffering ultimately turns on ‘whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.’ “ Hudson v. McMillian, 503 U.S. 1, 6 (1992). ”[W]henever prison officials stand accused of using excessive physical force in violation of the Cruel and Unusual Punishments Clause, the core judicial inquiry is . . . whether force was applied ■in a good-faith effort to maintain or restore discipline, or maliciously and sadist

1997Instead, the question whether the measure taken inflicted unnecessary and wanton pain and suffering ultimately turns on ‘whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.’ “ Hudson v. McMillian, 503 U.S. 1, 6 (1992). ”[W]henever prison officials stand accused of using excessive physical force in violation of the Cruel and Unusual Punishments Clause, the core judicial inquiry is . . . whether force was applied ■in a good-faith effort to maintain or restore discipline, or maliciously and sadist

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Burrell v. Hampshire County green
ca1 · 2002
1 sentence

2021In short, the deliberate indifference analysis turns on "what the jailers knew and what they did in response." Burrell, supra at 8 .

12021–2021
Youngberg v. Romeo Ex Rel. Romeo green
scotus · 1982
1 sentence

2000Youngberg v. Romeo, 457 U.S. at 322 ; Hopper v. Callahan, 408 Mass. at 627 .

12000–2000
McNamara v. Honeyman green
mass · 1989
1 sentence

1990We have not decided that the seclusion of a person in the absence of an emergency, and thus in violation of § 21, is either automatically a violation of § 1983 rights or a ground for personal liability under § 1983. 4 The opinion of this court in McNamara v. Honeyman, 406 Mass. 43 (1989), joined in by only four Justices, could be read to suggest that the deliberate indifference standard should be applied to § 1983 claims on behalf of a person involuntarily committed to a State hospital.

11990–1990

Statutes the citing opinions construe

USC § 42u.s.c.1983 (4)

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.

← Caselaw search · G Cite Topics · Brief Check