Analysis: The federal prosecution of Jeffrey Epstein ended with his death in custody. But several other cases, claims and investigations will continue.
The plaintiffs would have to prove that federal officials at the Metropolitan Correctional Center acted in a conscious disregard of a substantial risk of serious harm. Despite Attorney General William Barr’s statement that he is “appalled” by the death of Epstein, simply pointing out what might have been done instead is insufficient to impose civil liability.
Liability depends not on whether the corrections officials did all they could have done, but whether they did all that the U.S. Constitution requires. The facility was aware there was a risk of suicide because they had Epstein on suicide watch days earlier. The question then becomes whether insufficientmeasures were taken by the officers, and whether they were deliberately indifferent to the risk that Epstein could commit suicide.
The peculiar result in this case is that the corrections officials could be civilly liable to Epstein’s representatives for his death, and Epstein’s estate may be civilly liable for harm to Epstein’s accusers.
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