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Cowlitz County, Washington, et al. v. Jule Crowell, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-35992 · judgment June 7, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 5% cert probability

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

Questions presented

  1. Whether a pretrial detainee alleging Fourteenth Amendment claims of deliberate indifference to serious medical needs under 42 U.S.C. § 1983 must show that an individual defendant had the subjective intent to deprive the plaintiff of needed medical care, as nine circuits continue to hold based upon Eighth Amendment precedent, or whether Fourteenth Amendment jurisprudence should be altered in cases relating to the provision of medical care, by replacing the well-established subjective intent requirement with the Fourth Amendment’s “objective reasonableness” standard, traditionally used for excessive force claims, as was at issue in Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015).

  2. Whether the Ninth Circuit’s vacation of the district court’s summary judgment order, despite no proof of a policy or custom which posed a substantial risk of serious harm with respect to inmate medical care, conflicts with this Court’s municipal liability precedent in Monell v. Dep’t of Social and Health Services, 436 U.S. 658 (1978) and its progeny.

Counsel of record

For petitioner
Marc Rosenberg
Lee, Smart, PS, Inc.

For respondent
Philip Albert Talmadge

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, January 7, 2019 · Certiorari denied

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Nov 05 2018
    Rescheduled.
  4. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  5. Oct 19 2018
    Waiver of right of respondents Jule Crowell, et al. to respond filed.
  6. Oct 10 2018
    Petition for a writ of certiorari filed. (Response due November 14, 2018)