Under current law, the estate of an inmate who committed suicide that sues an institution would have to prove deliberate indifference to serious medical or mental health needs of the inmate. The likelihood of recovering a substantial monetary award depends upon the liability of the police department or municipality, which must be proven through a pattern of non-responsiveness to the risk of suicide. Previous suicides and negative conditions of confinement are two environmental considerations related to the custodial duty to detect risk of suicide; liability is also related to characteristics of the suicidal detainee including intoxication, medical considerations, mental illness, suicide statements and acts, and knowledge of previous suicide attempts or a morbid state of mind. The duty to protect against the occurrence of suicide lies in the institutional capacity to respond to the problem through policies, procedures, and staffing; training; and physical structure. Specific responses to known suicide risks that would absolve an institution of liability include medical referrals, adequate supervision, adequate searches, isolation, and monitoring. 57 notes