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Candice Hinton, Individually and as Personal Representative of the Estate of Rodrin Hinton and as Parent and Natural Guardian of Her Minor Children R. H. and C. H. and Next Friend of I. H. and K. H., et al. v. Harris County, Texas
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-20550 · judgment July 14, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Court’s analysis in a 42 U.S. Code § 1983 - Civil action for deprivation of rights policy case should be restricted to a finding of deliberate indifference to an employee who acted at the direction of the policy, before/without analyzing the actual policymakers deliberate indifference, where the issue is not the indifference of those acting under the policy, but the indifference of the policymaker, where the governmental entity through - its designated policymaker - created a written medical policy which deviated from the recognized medical standard of care in contravention to state codes and which resulted in a constitutional violation of inadequate medical care for detainees as set forth in Farmer v. Brennan, 511 U.S. 825, (1994) thereby creating a situation where those implementing the policy may not be liable for actions that were casually connected to the policy unless an actor/employee following the policy was found deliberately indifferent? List of Parties to Proceeding The names of all Partis appear on the Cover. Corporate Disclosure Statement The Petitioners are not a corporate entity.
Counsel of record
For petitioner
Otha T. Carpenter
Otha T. Carpenter, Esq. & Associates
For respondent
Laura Jean Beckman
Harris County Attorney's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 05 2022Petition DENIED.
- Nov 15 2022DISTRIBUTED for Conference of 12/2/2022.
- Nov 10 2022Waiver of right of respondent Harris County, Texas to respond filed.
- Oct 11 2022Petition for a writ of certiorari filed. (Response due November 17, 2022)