Legal Standards
This standard is more than negligence and requires a culpable state of mind.
What is deliberate indifference?
This defense argues that the plaintiff failed to use available prison grievance procedures before filing suit.
What is failure to exhaust administrative remedies under the PLRA?
A plaintiff claims officers ignored repeated threats from another incarcerated person before an assault. This is typically framed as this type of claim.
What is a failure-to-protect claim?
This rule governs expert testimony in federal court.
What is Federal Rule of Evidence 702?
This federal rule governs class certification.
What is Federal Rule of Civil Procedure 23?
This is the standard usually associated with objective reasonableness in many pretrial detainee excessive-force claims.
What is the Fourteenth Amendment objective reasonableness standard?
This immunity bars many damages claims against states and state agencies in federal court.
What is Eleventh Amendment sovereign immunity?
A plaintiff claims staff ignored obvious symptoms of a serious condition and delayed necessary treatment. This is typically framed as this type of claim.
What is deliberate indifference to serious medical needs?
This Supreme Court case gives its name to motions challenging expert reliability.
What is Daubert v. Merrell Dow Pharmaceuticals?
One Rule 23 requirement asks whether there are questions of law or fact common to the class.
What is commonality?
This Eighth Amendment excessive-force inquiry asks whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.
What is the Hudson v. McMillian standard?
This defense argues that a case no longer presents a live controversy.
What is mootness?
A plaintiff claims that prolonged segregation caused serious psychological deterioration. This may be framed as this type of claim.
What is a conditions-of-confinement or mental-health care claim?
This expert may opine on whether correctional practices were consistent with accepted correctional standards.
Who is a corrections expert?
One Rule 23 requirement asks whether the named plaintiffs’ claims are representative of the class claims.
What is typicality?
This causation concept in § 1983 litigation requires a plaintiff to connect the defendant’s conduct to the alleged constitutional injury.
What is proximate cause or causal connection?
This defense may apply when the plaintiff waited too long to file suit.
What is limitations or statute of limitations?
A plaintiff claims a policy caused repeated constitutional violations across a jail system. This may implicate this theory.
What is Monell liability?
This kind of expert may opine on suicide risk, mental-health care, psychiatric treatment, or clinical practices in custody.
Who is a mental-health or psychiatry expert?
One Rule 23 requirement asks whether the named plaintiffs and class counsel will fairly and adequately protect the class.
What is adequacy?
This standard asks whether existing precedent placed the constitutional question beyond debate for qualified-immunity purposes.
What is clearly established law?
This argument says the plaintiff cannot recover damages because they cannot prove an actual injury caused by the alleged violation.
What is lack of causation or lack of compensable injury?
A plaintiff challenges systemwide mental-health care, suicide prevention, use of force, and restrictive housing practices on behalf of a group of incarcerated people. This is likely this kind of case.
What is a prison-conditions class action or institutional reform case?
This is the process of identifying, preserving, collecting, reviewing, and producing relevant information in litigation.
What is discovery or e-discovery?
This Supreme Court case tightened the commonality analysis in a major employment class action and is often cited in class-certification disputes.
What is Wal-Mart Stores, Inc. v. Dukes?