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DeWayne D. Knight v. Thomas Grossman, Jr.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-1740 · judgment October 31, 2019


Certiorari denied · October 5, 2020
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

Whether a claim for violation of a prisonerpatient’s Fourteenth Amendment right to informed consent requires a showing of deliberate indifference and proof of refusal or whether the approach adopted by a majority of circuits should control, which applies a balancing test weighing, on one hand, the state’s interests in providing for the basic needs of prisoners and, on the other hand, the prisoner’s right to such information as is reasonably necessary to make an informed decision to accept or reject proposed treatment as well as a reasonable explanation of the viable alternative treatments available.

Counsel of record

For petitioner
Emily Jane Greb
Perkins Coie LLP

For respondent
Jason John Franckowiak
Otjen Law Firm, S.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 01 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jun 29 2020
    Reply of petitioner DeWayne D. Knight filed. (Distributed)
  4. Jun 17 2020
    Brief of respondent Thomas Grossman, Jr., M.D. in opposition filed.
  5. Apr 06 2020
    Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2020.
  6. Apr 03 2020
    Motion to extend the time to file a response from April 17, 2020 to June 17, 2020, submitted to The Clerk.
  7. Mar 13 2020
    Petition for a writ of certiorari filed. (Response due April 17, 2020)