Melisa Richmond v. Rubab Huq
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Later Sixth Circuit opinions describe Richmond as “abrogated on other grounds” by Brawner. Richmond's rulings about the seriousness of medical needs and the sufficiency of the evidence remain applicable.
31 later cases cite Melisa Richmond v. Rubab Huq; 31 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 Melisa Richmond v. Rubab Huq?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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The Sixth Circuit replaced the subjective awareness test Richmond applied to pretrial detainee medical care claims with a test requiring reckless disregard of a known or obvious risk.
Tammy Brawner v. Scott Cnty., Tenn. · Sixth Circuit · filed
Accordingly, we agree with the Second, Seventh, and Ninth Circuits that Kingsley requires modification of the subjective prong of the deliberate-indifference test for pretrial detainees. What then is required to establish deliberate indifference in this context? Mere negligence is insufficient. A defendant must have not only acted deliberately (not accidentally), but also recklessly “in the face of an unjustifiably high risk of harm that is either known or so obvious that it should be known.”
Read the full opinion on CourtListener →
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