Stillwater prison inmate, January 2019. (Photo: Kevin Featherly)


In law-making finding, court applies ‘deliberate indifference’ standard


A prison inmate’s lawsuit against the Minnesota Department of Corrections for injuries caused by allegedly improper restraints may continue, the Court of Appeals has ruled, in a case making new law in Minnesota.

The lawsuit alleges that the state violated Christopher Welters’ Eighth Amendment right to be free from cruel and unusual punishment by its use of mechanical restraints while he was being transported for medical care—and, in fact, while he was receiving care under anesthesia. 

He also asserts a negligence claim against the DOC and the officers for use of restraints that violated procedure.

The Court of Appeals said that the case should proceed for a finder of fact to say whether the guards displayed deliberate indifference to Welters' physical condition.

Sorry to interrupt your reading...

But the rest of this free post is available only to registered users.

If you are a registered Session/Law reader and you're seeing this message, please log in

If you're not a registered user, you will need to register as a free or paid subscriber to continue reading.

Should you choose to become a free subscriber, here are a few things to note. Unpaid readers don't get access to quite as much content as our paid subscribers. But they get a healthy sampling of our work, including our free email newsletter. 

Or you can opt to become a paid member of the Session/Law community, which we certainly encourage. It gives you access to everything we do and it would help us financially to sustain this service. 

Either way, you'll get regular notifications through our Session/Law e-mail newsletter.

Thanks for your interest in Session/Law.

Logo by Kirk Anderson