A U.S. Supreme Court decision barring liability against government officials for actions taken by their subordinates can be waived if the officials’ own actions demonstrate an indifference to known deficiencies in policy or procedure, the U.S. Court of Appeals for the Third Circuit has ruled. The court’s precedential opinion allowed the family of a Delaware prison inmate who killed himself to pursue claims against a former Department of Correction commissioner and warden.
Christopher Barkes committed suicide Nov. 14, 2004, while being held at the Howard R. Young Correctional Institution (HRYCI) in Wilmington, according to court documents. He had been arrested the previous day because he was waiting to buy drugs while on probation for a domestic abuse charge, the court said in its opinion.
