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Charlie Wilson, as Executor of the Estate of Debra Wilson v. Dallas County Hospital District, dba Parkland Health & Hospital System, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-10139 · judgment October 24, 2017

Certiorari denied · April 23, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Questions presented

  1. Petitioner alleged that respondents county hospital and its medical staff pursued a policy, practice or custom of concealing their medical negligence from patients in order to prevent them from bringing their state court malpractice claims in a timely manner. Do these allegations state plausible claims for relief under 42 U.S.C. § 1983?

  2. In order for petitioner to have his day in court, should this Court reaffirm the liberal rules of Johnson v. City of Shelby, 574 U.S.___; 135 S. Ct. 346 (2014) and Leatherman v. Tarrant Cty. Narcotics Intelligence & Coordination Unit, 507 U.S. 163 (1993) for pleading actionable violations of constitutional rights under § 1983?

Counsel of record

For petitioner
Dennis P. Derrick

For respondent
William Andrew Messer
Messer, Fort & McDonald

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 23 2018
    Petition DENIED.
  2. Apr 04 2018
    DISTRIBUTED for Conference of 4/20/2018.
  3. Mar 27 2018
    Waiver of right of respondents DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH AND HOSPITAL SYSTEM, AND JOHN DOES to respond filed.
  4. Feb 23 2018
    Petition for a writ of certiorari filed. (Response due April 2, 2018)