Officers violate the 14th Amendment when they deny adequate medical care to an individual in custody.

Here, three Cincinnati officers stopped Roger Owensby. They suspected that he had previously fled in a drug-related incident.

At the scene, Owensby again attempted to slip the officers who forced him to the ground, handcuffed and maced him.

Several officers appeared in support and simply observed the scene with the exception of a sergeant who discovered Owensby had stopped breathing and summoned medical aid.

The victim was pronounced dead at hospital, and his estate sued.

Because district court denied qualified immunity to the officers, they appealed to the 6th Circuit Court.

The court applied the deliberate indifference standard. During the six minutes police denied medical care to Owensby, the officers had time to do such things as greet each other, prepare for the arrival of superiors, pick up dropped items and tidy uniforms.

Under these circumstances, “there is no question that the officers had time to fully consider the potential consequences of their conduct.”

Moreover, each officer viewed Owensby in significant physical distress, yet made no attempt to summon or provide any medical care until several minutes later, when the sergeant checked on Owensby and discovered he was unconscious.

A need for medical care was so obvious that even a layperson would easily recognize the necessity for a doctor’s attention, the court said.