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Cheryl Wenzel, et al. v. Estate of James Franklin Perry, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-2353, 16-3130 · judgment September 18, 2017


Certiorari denied · April 2, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Seventh Circuit reversed a grant of qualified immunity to two Milwaukee County jail nurses on a claim that they violated the constitutional rights of a City of Milwaukee arrestee. In determining whether the right was “clearly established,” the court of appeals thought it sufficient that the Fourth Amendment has been held to require officials to respond reasonably to an arrestee’s serious medical needs. This case, one of a series from that court, presents the following question: Whether the court of appeals defined the constitutional right in question at too high a level of generality, directly contrary to this Court’s teachings on qualified immunity? (i)

Counsel of record

For petitioner
Andrew Alston Jones
Hansen Reynolds LLC

For respondent
Robert E. Barnes

Case

Conference history
Distributed for 2 conferences

Related
Vide, 17-890

Proceedings

  1. Apr 02 2018
    Petition DENIED.
  2. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  3. Mar 12 2018
    Reply of petitioners Cheryl Wenzel, et al. filed.
  4. Feb 27 2018
    Brief of respondents The Estate of James Franklin Perry, et al. in opposition filed.
  5. Feb 07 2018
    Response Requested. (Due March 9, 2018)
  6. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  7. Dec 15 2017
    Petition for a writ of certiorari filed. (Response due January 17, 2018)