Miller v. Calhoun County.U.S. Appeals Court
Miller v. Calhoun County, 408 F.3d 803 (6th Cir. 2005). The sister of a detainee de·tain·ee
A person held in custody or confinement: a political detainee.
Noun 1. detainee - some held in custody
political detainee , who died of a brain tumor Brain Tumor Definition
A brain tumor is an abnormal growth of tissue in the brain. Unlike other tumors, brain tumors spread by local extension and rarely metastasize (spread) outside the brain. while in pretrial pre·tri·al
A proceeding held before an official trial, especially to clarify points of law and facts.
1. Of or relating to a pretrial.
2. custody in a county facility, brought a wrongful death The taking of the life of an individual resulting from the willful or negligent act of another person or persons.
If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action action under [section] 1983 alleging deliberate indifference to the detainee's medical needs and gross negligence An indifference to, and a blatant violation of, a legal duty with respect to the rights of others.
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or . The district court granted summary judgment for the defendants and the sister appealed. The appeals court affirmed. The court held that county did not have a custom or policy of deliberate indifference so as to support a [section] 1983 claim, given that there was no evidence of a clear and consistent pattern of mistreatment mis·treat
tr.v. mis·treat·ed, mis·treat·ing, mis·treats
To treat roughly or wrongly. See Synonyms at abuse.
mis·treat of detainees, and that the shift commander followed the county's policy and contacted the on-call doctor. The court found that the shift commander did not act with deliberate indifference, noting that he questioned the detainee about his fall in the cell, promptly consulted the on-call physician, and placed the detainee under observation. The court noted that the sheriff had appointed a training coordinator for the facility, sought accreditation for the facility, requested bids for medical services, changed medical providers, formulated a policy for medical care at the facility, and initiated an investigation into the detainee's death. The 44-year-old detainee had told facility staff at the time of admission that he had sustained a head injury a month earlier. (Calhoun County Correctional Facility, Michigan)