First and Eighth Amendment Rights for Persons in a Correctional Facility

Journal of the American Academy of Psychiatry and the Law

article

Derek Luzim¹  Paul Noroian¹ 

[1] Law and Psychiatry Program Department of Psychiatry University of Massachusetts Medical School Worcester

关键词: Eighth Amendment;    First Amendment;    protected conduct;    qualified immunity;   

DOI  :  10.29158/JAAPL.200046L3-20

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

Eighth AmendmentFirst Amendmentprotected conductqualified immunityRepresenting Other Inmates Qualifies as Protected Conduct; Jail Clinicians' Failure to Respond Adequately to Suicidal Inmate Precludes Qualified Immunity and Allows Claim of Deliberate IndifferenceIn Berkshire v. Dahl, 928 F.3d 520 (6th Cir. 2019), Randy Berkshire, a former inmate, claimed that he was subject to First Amendment retaliation when he was transferred from a jail mental health unit to general population and that, after transfer, his mental health condition was permitted to decompensate in violation of his Eighth Amendment rights. The Sixth Circuit Court of Appeals ruled that Mr. Berkshire advanced sufficient evidence that his First and Eighth Amendment rights were violated, and therefore the jail clinicians were not entitled to qualified immunity.

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