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County of Orange, California, et al. v. Mary Gordon, Individually and as Successor in Interest to Matthew Shawn Gordon, Deceased

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56005 · judgment April 30, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether a pretrial detainee’s “inadequate medical care” claim pursuant to 42 U.S.C. § 1983 requires a showing of a jail professional’s subjective intent in delivering care or whether an objective “unreasonableness” standard is sufficient.

Counsel of record

For petitioner
Shelton Franklin Harrell
Lynberg & Watkins

For respondent
David Michael Shapiro
Roderick & Solange MacArthur Justice Center

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Nov 28 2018
    Reply of petitioners County of Orange, California, et al. filed. (Distributed)
  4. Nov 14 2018
    Brief of respondent Mary Gordon in opposition filed.
  5. Oct 15 2018
    Brief amici curiae of States of Indiana, et al. filed.
  6. Oct 12 2018
    Brief amici curiae of California State Association of Counties, et al. filed.
  7. Oct 01 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2018.
  8. Sep 27 2018
    Motion to extend the time to file a response from October 15, 2018 to November 14, 2018, submitted to The Clerk.
  9. Sep 12 2018
    Petition for a writ of certiorari filed. (Response due October 15, 2018)