In a 42 U.S.C. section 1983 action alleging deliberate indifference to plaintiff’s decedent’s medical needs while he was in jail, denial of defendants’ motion to dismiss based on qualified immunity is affirmed in part where: 1) plaintiff adequately alleged that defendants were aware of the decedent’s condition because of his symptoms and behavior at the jail; and 2) case law at the relevant time should have put supervisor defendants on notice that policies or customs of delayed investigation into and treatment of alcohol withdrawal would be unlawful. However, the district court’s order is reversed in part where plaintiff’s allegations did not support the jail supervisor defendants’ personal participation in the denial of the decedent’s Fourteenth Amendment rights.
Read Harper v. Lawrence County, No. 09-10226
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