FEDERALCourt of Appeals for the Tenth Circuit
2019

Burke v. Regalado

935 F.3d 960Court of Appeals for the Tenth Circuit • Decided 2019Enforced
FLAGSHIPBroad IndemnificationCited 399 times

HOLDING

An inmate died after jail officials failed to provide medical care for a serious spinal injury. A jury found the sheriff's office deliberately indifferent to the inmate's medical needs. The court upheld the verdict, finding sufficient evidence that the sheriff maintained a pattern of neglecting medical services. For construction subcontractors, this case reinforces that organizations can be held liable for systemic failures in duty of care, even when multiple people are involved in the negligence.

KEY FINDINGS

Broad Indemnification

Document all safety concerns and medical/injury responses in writing. Failure to document can be used as evidence of deliberate indifference to worker welfare.

FULL COURT OPINION