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Patsy K. Cope, et al. v. Leslie W. Cogdill, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-10798 · judgment July 2, 2021
Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.
Question presented
Upon arriving in jail, pretrial detainee Derrek Monroe informed jail officials that he was suicidal and attempted to hang himself twice in his cell. Jail officials responded by isolating Monroe in a new cell with a wall-mounted telephone and a 30-inch phone cord. When Monroe began to strangle himself with the obvious ligature, the lone jailer on duty stood outside the cell and watched. The jailer did not call 911 and did not attempt to render aid to Monroe as Monroe was dying a few feet away. A divided panel of the Fifth Circuit concluded that the jailer who watched Monroe’s suicide without intervening was entitled to qualified immunity because, even though he “knew he should have” intervened, Fifth Circuit precedent did not clearly establish the unreasonableness of his conduct. The panel further concluded that the jail officials who isolated Monroe in a cell with a 30-inch phone cord could not be held liable because, under Fifth Circuit precedent, a phone cord is “not as obvious” a ligature as bedding. This case presents recurring and important questions regarding application of the deliberate-indifference standard to claims involving pretrial detainees: 1. Whether jail officials who are subjectively aware of a substantial risk that a pretrial detainee will attempt suicide and respond to the harm unreasonably may be held liable where their violation was obvious—as the First, Fourth, Seventh, Eighth, Ninth, and Eleventh Circuits have held—or whether jail officials who respond unreasonably to the obvious risk (i)
Counsel of record
For petitioner
Catherine Emily Stetson
Hogan Lovells US LLP
For respondent
Jon Mark Hogg
Jackson Walker L.L.P.
Argument & decision
Decided June 30, 2022.
Proceedings
- Jun 30 2022Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari. (Detached Opinion)
- Jun 29 2022DISTRIBUTED for Conference of 6/29/2022.
- Jun 21 2022DISTRIBUTED for Conference of 6/23/2022.
- Jun 13 2022DISTRIBUTED for Conference of 6/16/2022.
- Jun 06 2022DISTRIBUTED for Conference of 6/9/2022.
- May 31 2022DISTRIBUTED for Conference of 6/2/2022.
- May 23 2022DISTRIBUTED for Conference of 5/26/2022.
- May 16 2022DISTRIBUTED for Conference of 5/19/2022.
- May 09 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 26 2022Record received from the U.S.C.A. for the Fifth Circuit (Electronic Record on Appeal-EROA and Sealed EROA).
- Apr 25 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 22 2022Record Requested.
- Apr 18 2022DISTRIBUTED for Conference of 4/22/2022.
- Apr 11 2022DISTRIBUTED for Conference of 4/14/2022.
- Mar 16 2022DISTRIBUTED for Conference of 4/1/2022.
- Mar 14 2022Reply of petitioners Patsy K. Cope, et al. filed. (Distributed)
- Feb 28 2022Brief of respondents Leslie W. Cogdill, et al. in opposition filed.
- Jan 12 2022Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.
- Jan 11 2022Motion to extend the time to file a response from January 27, 2022 to February 28, 2022, submitted to The Clerk.
- Dec 28 2021Response Requested. (Due January 27, 2022)
- Dec 27 2021Brief amici curiae of Disability Rights Texas, et al. filed.
- Dec 23 2021Brief amici curiae of Cato Institute, et al. filed. (Distributed)
- Dec 22 2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
- Dec 15 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 08 2021Waiver of right of respondent Leslie W. Cogdill, et al. to respond filed.
- Nov 22 2021Petition for a writ of certiorari filed. (Response due December 27, 2021)
- Oct 21 2021Application (21A81) granted by Justice Alito extending the time to file until December 13, 2021.
- Oct 13 2021Application (21A81) to extend the time to file a petition for a writ of certiorari from November 11, 2021 to December 13, 2021, submitted to Justice Alito.