Inmate Suicide in Prisons: An Analysis of Legal Liability Under 42 USC Section 1983

• NCJ Number: 197999
• Journal: Prison Journal Volume: 82 Issue: 4 Dated: December 2002 Pages: 459-477
• Author(s): Robert D. Hanser
• Date Published: December 2002
• Length: 19 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines the specific legal relationship between inmate suicide and staff liability as set forth under 42 USC Section 1983, which is often used by plaintiffs for civil rights claims against prison officials who allegedly have shirked their duties in providing a reasonable standard of care for those under their jurisdiction.

Abstract

Aside from ethical and humanitarian concerns, the competence of custodial staff in detecting inmates who are at risk for suicide is important due to the threat of civil lawsuits. Relatives of inmates who commit suicide often bring suit against custodial staff, administrators, doctors, or government officials. Institutions must demonstrate that they have developed and followed adequate policies and procedures for diagnosing suicidal inmates and providing suicide prevention measures. In the landmark case of Estelle v. Gamble (1976), the U.S. Supreme Court held that deliberate indifference by prison personnel to a prisoner's serious illness or injury would constitute cruel and unusual punishment, in violation of the Eighth Amendment. Because of this ruling, claims of inadequate medical care became the most frequent type of allegation filed in civil suits that have involved inmate suicide. In Farmer v. Brennan (1994), however, the U.S. Supreme Court denied the request of the petitioner to use an objective standard for "deliberate indifference" based on an "ought to have known" criteria and instead maintained a subjective "actual knowledge" standard. "Farmer" thus set the standard for "deliberate indifference" to be that of criminal recklessness, meaning a conscious disregard for the heightened risk of harm for an inmate. This standard makes it difficult for inmates to prove deliberate indifference, since it requires proof that an official knew of and disregarded excessive risk to an inmate's health or safety. Thus, prison officials who act responsibly and professionally should have little to fear when facing Section 1983 lawsuits for inmate suicide. Liability ensues only in the most blatant and overt cases of prison staff indifference. 46 references