PER CURIAM:
This case is about the defense of qualified immunity in situations involving delay in medical care for a pretrial detainee.
Plaintiff-Appellee, a pretrial detainee at the time of these events, was beaten (an occurrence in which Defendant-Appellant took no part) in connection with Plaintiff's arrest on robbery charges. He alleges that later Defendant, by booking and questioning Plaintiff before seeking medical care for his injuries, was deliberately indifferent to Plaintiff's serious medical need in violation of Fourteenth Amendment rights. He brought suit against Defendant in Defendant's individual capacity; Defendant moved for summary judgment on qualified immunity grounds. The District Court denied the motion; Defendant now appeals. We reverse the District Court's decision
We view the facts in the light most favorable to Plaintiff.
The arresting officers took Plaintiff to the police station for booking, where Defendant Timothy Gagnon met and interviewed Plaintiff and did some booking paperwork. The interview is recorded on video complete with sound, including the time Plaintiff was alone in the interview room while Defendant was out. Plaintiff confessed to the robbery but gave a false name and birth date. Defendant spent approximately thirty minutes learning Plaintiff's true identity. At the end of the booking process, officers handcuffed Plaintiff to take him to the detention facility; but then Plaintiff requested to speak to Defendant again. Plaintiff then spent about seven more minutes in animated discussion with Defendant, attempting to implicate Plaintiff's passenger in the robbery. Then Plaintiff was transmitted to a detention facility.
Roughly four hours passed between the time that officers arrested and beat Plaintiff and the time that he received medical care; almost three of those hours were spent in Defendant's custody.
Plaintiff filed suit against Defendant, alleging deliberate indifference to a serious medical need in violation of Plaintiff's Fourteenth Amendment rights.
We have jurisdiction over Defendant's interlocutory appeal under 28 U.S.C. § 1291 and the collateral order doctrine. See Bryant v. Jones, 575 F.3d 1281, 1288 n. 2 (11th Cir.2009). We "review de novo a district court's denial of a motion for summary judgment on qualified immunity grounds." Andujar, 486 F.3d at 1202.
The purpose of the qualified immunity defense is to "protect[] government officials `from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 815, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982)). The defense "ensure[s] that before they are subjected to suit, officers are on notice their conduct is unlawful." Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 2158, 150 L.Ed.2d 272 (2001). "Unless a government agent's act is so obviously wrong, in the light of pre-existing law, that only a plainly incompetent officer or one who was knowingly violating the law would have done such a thing, the government actor has immunity from suit." Lassiter v. Ala. A&M Univ., Bd. of Trs., 28 F.3d 1146, 1149 (11th Cir.1994) (en banc).
Assessing a claim of qualified immunity involves a two-step process: once a defendant raises the defense, the plaintiff bears the burden of establishing both that the defendant committed a constitutional violation and that the law governing the circumstances was already clearly established at the time of the violation. Pearson, 129 S.Ct. at 815-16. Following the Supreme Court's decision in Pearson, we are free to consider these elements in either sequence and to decide the case on the basis of either element that is not demonstrated. Id. at 818. In the present case, it seems best to proceed directly to the question of whether the applicable law was already clearly established when the incident took place.
Whether or not Defendant's conduct constituted deliberate indifference
In deciding about qualified immunity, we are considering what an objectively reasonable official must have known at the pertinent time and place; that is, we are examining "`whether it would be clear to a reasonable officer that his conduct was unlawful in the situation [the defendant officer] confronted.'" Brosseau v. Haugen, 543 U.S. 194, 125 S.Ct. 596, 599, 160 L.Ed.2d 583 (2004) (emphasis added) (quoting Saucier, 121 S.Ct. at 2156); see also Pace v. Capobianco, 283 F.3d 1275, 1282 (11th Cir.2002). "This inquiry, it is vital to note, must be undertaken in light of the specific context of the case, not as a broad general proposition ...." Saucier, 121 S.Ct. at 2156.
The Supreme Court has warned against allowing plaintiffs to convert the rule of qualified immunity into "a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights." Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 3038-39, 97 L.Ed.2d 523 (1987). More than a general legal proposition—for example, to act reasonably—is usually required; if a plaintiff relies on a general rule, it must be obvious that the general rule applies to the specific situation in question. See Brosseau, 125 S.Ct. at 599 (noting that general tests may be sufficient to establish law clearly in "an obvious case"). Minor variations between cases may prove critical. See Marsh v. Butler Cnty., Ala., 268 F.3d 1014, 1032 (11th Cir.2001) (en banc).
Thus, evaluating the "objective legal reasonableness" of an officer's acts requires examining whether the right at issue was clearly established in a "particularized" and "relevant" way. Anderson, 107 S.Ct. at 3039. The unlawfulness of a given act must be made truly obvious, rather than simply implied, by the preexisting law. See id.
With this understanding about the necessity of clear law being tied to the specific factual context, we turn to the issue in this case. To prevail on a claim of deliberate indifference to serious medical need in violation of the Fourteenth Amendment, a plaintiff must show: "(1) a serious medical need; (2) the defendant['s] deliberate indifference to that need; and (3) causation between that indifference and the plaintiff's injury." Mann v. Taser Int'l, Inc., 588 F.3d 1291, 1306-07 (11th Cir.2009).
To prove "deliberate indifference" to a serious medical need, a plaintiff must show "`(1) subjective knowledge of a risk of serious harm; (2) disregard of that risk; (3) by conduct that is more than [gross] negligence.'" Townsend v. Jefferson Cnty., 601 F.3d 1152, 1158 (11th Cir.2010) (quoting Bozeman v. Orum, 422 F.3d 1265, 1272 (11th Cir.2005)). We conclude that neither the "serious medical need" nor the "deliberate indifference" element was established with such clarity in June 2007 that an objectively reasonable police officer in Defendant's place would have been on advance notice that Defendant's acts in this case would certainly violate the Constitution.
The best response to a serious medical need is not required by federal law in these cases. Judicial decisions addressing deliberate indifference to a serious medical need, like decisions in the Fourth Amendment search-and-seizure realm, are very fact specific. At a high level of generality, certain aspects of the law have been established: lengthy delays are often inexcusable, see Harris v. Coweta Cnty., 21 F.3d 388, 394 (11th Cir.1994) (stating delay of several weeks in treating painful and worsening hand condition was deliberate indifference); shorter delays may also constitute a constitutional violation if injuries are sufficiently serious, see Bozeman, 422 F.3d at 1273 (delaying medical treatment for fourteen minutes was deliberate indifference where the plaintiff was not breathing during that time); and the reason for the delay must weigh in the inquiry, see id. But specific cases of deliberate indifference are complicated: the threshold of deliberate indifference is connected to combinations of diverse interdependent factual elements. And for the present case, it was not already clearly established as a matter of law in June 2007 that a four-hour delay for injuries of this kind violated the Fourteenth Amendment.
In fact, earlier cases considering injuries of similar consequence concluded that delays of roughly comparable length were acceptable for constitutional purposes.
In Hill, we concluded that a delay of four hours in seeking treatment for stomach pain, vomiting blood, and blood in the plaintiff's underwear did not constitute deliberate indifference where the delay was due to the official's need to finish feeding the rest of the inmates. 40 F.3d at 1190-92.
In addition, this Circuit—before 2007 and with seeming agreement— had cited other Circuits' cases that say that longer delays for similar injuries did not constitute deliberate indifference to a serious medical need.
Cases cited by Plaintiff are too different from this case to make the law applicable to the circumstances of this case clearly established in June 2007. For example, Plaintiff cites Aldridge v. Montgomery, 753 F.2d 970 (11th Cir.1985), where we denied qualified immunity to a defendant who delayed treatment of a serious bleeding cut for approximately two and a half hours. 753 F.2d at 972-73. Critical to our decision in that case was that the plaintiff's cut bled continuously during that time, causing blood to pool on the plaintiff's clothing and the floor; and the cut ultimately required six stitches. Id.
Nothing in the record in the present case shows that Plaintiff's cuts bled while in Defendant's custody; he ultimately did not require stitches. Significant, sustained bleeding requiring later stitches is a far greater indicator of a need for urgent medical
We conclude that it is not—and most important, was not in June 2007—clear from the preexisting law that all objectively reasonable policemen would have known that a four-hour delay for booking and interviewing a person with injuries of the kind asserted here is a constitutional violation.
REVERSED and REMANDED.