NCJ Number
113128
Date Published
1987
Length
8 pages
Annotation
Litigation has played a primary role in jail suicide prevention.
Abstract
The primary vehicle for jail suicide litigation is Title 43 of the United States Code, Section 1983, entitled 'Civil Action for Deprivation of Civil Rights.' The rights most commonly identified as having been violated include false arrest/imprisonment, cruel and unusual punishment, excessive use of force, due process, and equal protection. Some cases have been filed on negligence grounds, although courts generally have required a showing of gross negligence or deliberate indifference to the need for precautions against suicide. A review of negligence cases suggests that mere negligence or inadvertent failure to protect a detainee's health and safety does not rise to the level of a constitutional violation and that heightened standard of culpability is required in such cases. Often plaintiffs will seek to establish that the alleged violation represented a continuing pattern of misconduct or that inaction was due to policy and custom. Despite varying interpretations of liability in jail suicide cases, such liability can be neutralized by a proactive stance that includes a suicide prevention program and rules and procedures encompassing training, screening, classification, and monitoring. Such a program coupled with compliance with State jail standards should thwart successful litigation. A summary is provided of selected cases relating to jail suicides and corollary issues. 3 references.