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Scott County, Tennessee v. Tammy Brawner

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-5623 · judgment September 22, 2021

Certiorari denied · October 3, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Question presented

Whether this Court should apply the subjective test for deliberate indifference set forth in Farmer v. Brennan to claims by pretrial detainees of inadequate medical care where the application of the solely objective standard in Kingsley v. Hendrickson to these claims fails to consider the difference between action and inaction, results in the constitutionalization of medical malpractice, and creates the only situation in which a person can be held personally liable for violating the constitutional rights of another without committing any intentional act.

Counsel of record

For petitioner
Arthur F. Knight III
Taylor and Knight, G.P.

For respondent
Richard Everett Collins II
Stanley, Kurtz & Collins, PLLC

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jun 29 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jun 27 2022
    Reply of petitioner Scott County, Tennessee filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Jun 13 2022
    Brief of respondent Tammy M. Brawner in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Apr 20 2022
    Motion to extend the time to file a response is granted and the time is extended to and including June 13, 2022.
  6. Apr 19 2022
    Motion to extend the time to file a response from May 12, 2022 to June 13, 2022, submitted to The Clerk.
    Main Document
  7. Apr 12 2022
    Response Requested. (Due May 12, 2022)
  8. Apr 06 2022
    DISTRIBUTED for Conference of 4/22/2022.
  9. Apr 04 2022
    Brief amici curiae of National Troopers Coalition, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  10. Apr 04 2022
    Brief amicus curiae of Kentucky Jailers Association filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  11. Apr 01 2022
    Brief amici curiae of Macomb, Oakland, and Wayne Counties, Michigan filed.
    Main DocumentProof of ServiceCertificate of Word Count
  12. Mar 31 2022
    Waiver of right of respondent Tammy M. Brawner to respond filed.
    Main Document
  13. Feb 28 2022
    Petition for a writ of certiorari filed. (Response due April 4, 2022)
    PetitionAppendixCertificate of Word CountProof of Service