For pretrial detainees, a Fourteenth Amendment deliberate indifference claim requires something like objective reckless indifference rather than the subjective possession of sufficient knowledge to infer a risk of harm.
DISSENT:
Circuit precedent compels a subjective element; civil law negligence standard is categorically beneath the threshold of a constitutional due process claim; requiring an intentional action begs the question of sufficient knowledge; these facts would satisfy even the majority's novel test.
Bretton Westmoreland v. Butler Cnty.