Ninth Circuit: Shorter v. Baca

Plaintiff's separate challenge to a jury instruction requiring deference to jail's policies sufficiently preserved a more general challenge to the instruction.

Juries should be instructed to give deference to jail's policies only where the treatment is a necessary, justified, and proportional security-based policy.

Absent any security-based reason, deference to the policy should be denied as a matter of law.

Pretrial detainees are entitled to a grievance procedure upon changes in their classification that increases the severity of the conditions of confinement.

Deliberate indifference claims arising from medical treatment should be judged under a standard of objective deliberate indifference.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/16/16-56051.pdf