Pretrial detainee claim for failure to protect in violation of the Eighth & Fourteenth Amendments; 42 USC § 1983; Qualified immunity; Application of the “objective unreasonableness” test; Application against an individual officer

In an order, the court denied the petition for rehearing en banc (see e-Journal # 77181 in the 4/1/22 edition for the court’s opinion). In its prior opinion, deciding an issue of first impression in this circuit, the court applied the objective unreasonableness standard to an individual officer on a failure-to-protect claim by a pretrial detainee. It held that only “an objective showing that an individual defendant acted (or failed to act) deliberately and recklessly” is required. The original panel reviewed the petition and concluded “that the issues raised in the petition were fully considered upon the original submission and decision. The petition then was circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.” Thus, the petition was denied.