STRAIN v. REGALADO

No. 19-5071.

977 F.3d 984 (2020)

Faye STRAIN, as guardian of Thomas Benjamin Pratt, Plaintiff-Appellant, v. Vic REGALADO, in his official capacity; Armor Correctional Health Services, Inc.; Curtis McElroy, D.O.; Patricia Deane, LPN; Kathy Loehr, LPC, Defendants-Appellees and Board of County Commissioners of Tulsa County, Defendant.

United States Court of Appeals, Tenth Circuit.

FILED October 9, 2020.


Attorney(s) appearing for the Case

Robert Blakemore ( Daniel Smolen with him on the brief), Smolen & Roytman, Cincinnati, Ohio, for Plaintiff-Appellant Faye Strain.

Sean Snider ( Micah B. Cartwright with him on the brief), Johnson Hanan Vosler Hawthorne & Snider, Oklahoma City, Oklahoma, for Defendants-Appellees Armor Correctional Health Services, Inc., Curtis McElroy, D.O., Patricia Deane, LPN, and Kathy Loehr, LPC.

Guy Fortney ( Katie Arnold with him on the brief), Brewster & De Angelis, Tulsa, Oklahoma, for Defendant-Appellee Vic Regalado.

Before HARTZ, MATHESON, and CARSON, Circuit Judges.


The Fourteenth Amendment prohibits deliberate indifference to a pretrial detainee's serious medical needs. Disagreement about course of treatment or mere negligence in administering treatment do not amount to a constitutional violation. Rather, to state a claim for deliberate indifference, a plaintiff must allege that an official...

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