Deliberate indifference in jail suicide litigation: a fatal judicial loophole

Abstract

Numerous national lawsuits have alleged that certain U.S. jails and detention centers are at fault for suicides that occur within their facilities. However, a significant number of court decisions have released the jail of liability. This article contends that the judicial rationale used in deciding the standard for liability, deliberate indifference, favors ignorance and has created an environment of ambiguity for jail suicide prevention policies. Cases involving custodial suicides and the recommended prevention policies developed by organizations affiliated with the U.S. correctional system are discussed. These are supplemented with anecdotal data from key informants working in the system. The analyses are followed by implications for augmenting existing practices through proactive policy changes to support enhanced systems of care.