Harris Texas Jury Instruction — 2.2.4.2 Pretrial Detainee Alleging Deliberate Indifference To Serious Medical Need is an important legal instruction provided to jurors in the context of a civil rights lawsuit. This instruction specifically addresses cases involving pretrial detainees who claim they have been subjected to deliberate indifference by correctional staff regarding their serious medical needs. Here is a detailed description of what this jury instruction entails: In Harris County, Texas, jury instructions are given to guide jurors in understanding the legal elements and considerations relevant to specific cases. In this particular instruction, the focus is on pretrial detainees, individuals who are held in custody pending trial, and their rights to adequate medical care while in custody. The instruction specifically addresses cases where a pretrial detainee alleges deliberate indifference to their serious medical needs. Deliberate indifference refers to the intentional disregard or reckless disregard by correctional staff towards a detainee's medical condition or needs. It implies a violation of the detainee's constitutional rights, particularly the Eighth Amendment protection against cruel and unusual punishment. The instruction may include the following elements: 1. Serious Medical Need: It clarifies that to establish deliberate indifference, the plaintiff (the detainee) must prove that they had a serious medical need. A serious medical need is a condition that requires professional medical treatment or attention, one that a reasonable person would recognize as requiring such care. 2. Subjective and Objective Knowledge: The instruction highlights that the plaintiff must demonstrate that the defendant (the correctional staff or responsible parties) had both subjective and objective knowledge of the detainee's serious medical need. Subjective knowledge means that the defendant was personally aware of the risk posed by the medical condition. Objective knowledge requires proof that the need was so obvious that any reasonable person in the defendant's position would have recognized it. 3. Deliberate Indifference: The instruction further states that the plaintiff must establish that the defendant acted with deliberate indifference toward the serious medical need. Deliberate indifference is more than mere negligence or medical malpractice; it requires proof that the defendant intentionally disregarded the plaintiff's needs or knowingly placed them at risk. 4. Causation: The instruction may also address the issue of causation, explaining that the plaintiff must demonstrate a direct link between the defendant's deliberate indifference and the harm suffered by the detainee. This link is crucial in establishing liability. Different types of scenarios falling under Harris Texas Jury Instruction — 2.2.4.2 Pretrial Detainee Alleging Deliberate Indifference To Serious Medical Need may involve various serious medical conditions. Examples may include cases where a detainee with a known heart condition is denied prescribed medication, a detainee with a severe infection is ignored or delayed in receiving treatment, or a detainee with a mental illness is denied necessary psychiatric care. By providing this detailed instruction, the court aims to ensure that jurors have a clear understanding of the legal standards and considerations involved in determining whether a pretrial detainee's claim of deliberate indifference to their serious medical need is valid. This instruction serves as a vital tool in upholding the detainee's constitutional rights and ensuring justice in the Texas legal system.