Case Citator › Clouthier v. County of Contra Costa

Clouthier v. County of Contra Costa

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
591 F.3d 1232
Decided
Confirmed treatments
1
Flagged citations read
259 of 259
Citing cases (total)
470
Treatment dates
2016
Overruled in part
A reviewed court has overruled part of this case’s holding. Clouthier has been overruled in part: all 259 flagged citations have been read, and the confirmed treatment is listed below. The en banc Ninth Circuit rejected Clouthier's single subjective deliberate-indifference standard for all § 1983 claims and its subjective-intent requirement for a pretrial detainee's failure-to-protect claim.
More on how this was screened

The other reviewed opinions applied surviving propositions or merely reported Castro v. County of Los Angeles's treatment in history parentheticals.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

470 later cases cite Clouthier v. County of Contra Costa; 259 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Clouthier v. County of Contra Costa?

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Treatments

Overruled in part

  • The en banc Ninth Circuit overruled Clouthier's single deliberate-indifference standard and its subjective-intent requirement for pretrial-detainee failure-to-protect claims.

    Castro v. County of Los Angeles · Ninth Circuit (en banc) · filed

    We therefore overrule Clouthier to the extent that it identified a single deliberate indifference standard for all § 1983 claims and to the extent that it required a plaintiff to prove an individual defendant’s subjective intent to punish in the context of a pretrial detainee’s failure-to-protect claim.
    Read the full opinion on CourtListener →

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