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Kenneth Greenway v. Southern Health Partners, Inc., et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-11147 · judgment September 15, 2020


Certiorari denied · March 22, 2021
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Should the Eleventh Circuit be permitted to reinvent the Fourteenth Amendment standard for deliberate indifference to serious medical needs by ruling as a matter of law that jail officials who claim to have disbelieved statements that an inmate was suicidal were not deliberately indifferent, which not only adds an impermissible gloss to that standard but violates this Court’s mandate in Tolan v. Cotton, 572 U.S. 650 (2014) that all inferences be drawn in favor of the nonmoving party and the credibility of self-serving statements are the sole province of the jury?

  2. Does 28 U.S.C. §1367 require a district court to weigh the factors set forth in United Mine Workers of Am. v. Gibbs, 383 U.S. 715 (1966) – and to articulate the process by which it weighed such factors – in exercising discretion to retain supplemental jurisdiction over state law claims after all federal claims have been dismissed when there are substantive differences between state and federal law, and the interests of federalism dictate that state courts be the ultimate arbiter of state law questions?

Counsel of record

For petitioner
Craig Thomas Jones

For respondent
Shira Adler
Southern Health Partners, Inc.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 22 2021
    Petition DENIED.
  2. Feb 24 2021
    DISTRIBUTED for Conference of 3/19/2021.
  3. Feb 04 2021
    Brief of respondents Banks County Sheriff's Deputies in opposition filed.
  4. Jan 25 2021
    Motion to extend the time to file a response is granted and the time is extended to and including February 4, 2021, for all respondents.
  5. Jan 21 2021
    Brief of respondent Southern Health Partners, Inc. and Alyssa Armenti in opposition filed.
  6. Jan 19 2021
    Motion to extend the time to file a response from January 21, 2021 to February 4, 2021, submitted to The Clerk.
  7. Dec 17 2020
    Petition for a writ of certiorari filed. (Response due January 21, 2021)