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Shenandoah Valley Juvenile Center Commission v. John Doe 5, et al., By and Through Their Next Friend, Nelson Dolores Lopez, Individually and on Behalf of All Others Similarly Situated

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1910 · judgment January 12, 2021


Certiorari denied · December 6, 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.

Question presented

  1. Whether professional judgment rather than deliberate indifference is the proper constitutional standard for a claim of inadequate medical care brought against a secure juvenile detention center by a minor immigrant detainee in federal custody; and

  2. Whether a minor’s claim for injunctive relief seeking constitutionallyadequate medical treatment from a secure juvenile detention center may be redressed by the Court without a parent, guardian, or legal custodian joined as a party to the case. PARTIES TO THE PROCEEDING Petitioner is the Shenandoah Valley Juvenile Center Commission, which was the defendant in the district court. Respondents are John Doe 4, by and through his next friend, Nelson Lopez, on behalf of himself and all persons similarly situated, who were the plaintiffs in the district court. RELATED PROCEEDINGS United States District Court (W.D. Va.): John Doe 4, et al. v. Shenandoah Valley Juvenile Center Commission, No. 5:17cv97 (July 23, 2019) United States Court of Appeals (4th Cir.): John Doe 4, et al. v. Shenandoah Valley Juvenile Center Commission, No. 19- 1910 (January 14, 2021)

Counsel of record

For petitioner
Jason Alan Botkins
Litten & Sipe, L.L.P.

For respondent
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Nov 12 2021
    Reply of petitioner Shenandoah Valley Juvenile Center Commission filed. (Distributed)
  4. Oct 29 2021
    Brief of respondents John Doe 5, et al. in opposition filed.
  5. Oct 21 2021
    Letter of October 19, 2021, regarding substiution of parties, received from counsel for the petitioner.
  6. Sep 08 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2021.
  7. Sep 07 2021
    Motion to extend the time to file a response from September 29, 2021 to October 29, 2021, submitted to The Clerk.
  8. Aug 30 2021
    Response Requested. (Due September 29, 2021)
  9. Aug 11 2021
    DISTRIBUTED for Conference of 9/27/2021.
  10. Aug 09 2021
    Waiver of right of respondent John Doe 4 to respond filed.
  11. Jul 09 2021
    Petition for a writ of certiorari filed. (Response due August 13, 2021)