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Irby Alexander, et al. v. Gary Orlowski, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-2166 · judgment September 18, 2017


Dismissed · 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 denied qualified immunity to two county jail officers on a claim that they failed to seek immediate medical attention for an inmate who displayed signs of sleep apnea but, as a matter of fact (unknown to them), had overdosed on illicitly obtained drugs. In determining whether the constitutional right in question was “clearly established,” the court of appeals thought it sufficient that the Eighth Amendment has been held to proscribe deliberate indifference to a serious medical need. 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
Jonathan Samuel Safran
Samster, Konkel & Safran, S.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 02 2018
    Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 received.
  2. Apr 02 2018
    Petition Dismissed - Rule 46.
  3. Feb 28 2018
    Motion to extend the time to file a response is granted and the time is extended to and including April 2, 2018.
  4. Feb 26 2018
    Motion to extend the time to file a response from March 1, 2018 to April 2, 2018, submitted to The Clerk.
  5. Jan 30 2018
    Response Requested. (Due March 1, 2018)
  6. Jan 24 2018
    DISTRIBUTED for Conference of 2/16/2018.
  7. Jan 17 2018
    Waiver of right of respondent Gary Orlowski, et al. to respond filed.
  8. Dec 15 2017
    Petition for a writ of certiorari filed. (Response due January 19, 2018)