Anne Francisco, et al. v. Jason England, et al.

The Eighth Amendment prohibits prison guards from intentionally denying or delaying access to medical care. Respondents failed to immediately start suicide watch when they were informed Joshua Francisco was suicidal by other inmates, they observed he was crying and upset, and knew he had previously been on suicide watch, and disciplinary segregation was imposed for his refusal to go to a special mental health unit. The questions presented, upon which the circuits are deeply divided:

1. Whether evidence that corrections staff were found in violation of written prison suicide intervention procedures requiring them to immediately start suicide watch when they knew the inmate was a serious suicide risk is proof of deliberate indifference in an Eighth Amendment claim for intentionally denying prompt mental health care?

2. What evidence of deliberate indifference is sufficient to defeat qualified immunity for corrections staff at the summary judgment stage in an Eighth Amendment claim for intentionally denying prompt mental health care for a suicidal prisoner?