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Lewis County, Kentucky, et al. v. Julie Helphenstine, Administratrix of the Estate of Christopher Dale Helphenstine and Guardian of B. D. H., the Minor Son of Christopher Dale Helphenstine

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-5407 · judgment February 9, 2023


Certiorari denied · January 22, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above 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

This Court has long required a convicted inmate alleging deliberate indifference to prove that prison officials actually knew of a significant risk of harm to the inmate and nonetheless disregarded it. That tried-and-true framework has proven straightforward and administrable. But when a pretrial detainee brings the exact same claim, the circuits are split on what showing he must make. Some circuits still require proof of actual knowledge by the defendants, but other circuits— including the Sixth Circuit below—hold that the detainee need only prove that officials should have known of such a risk. That objective test has proven unpredictable and costly for local governments, and it is also untethered from the Eighth Amendment origins of a claim for deliberate indifference, which requires a culpable mindset by prison officials. The Court should grant the government’s Petition, which squarely and cleanly presents this important legal issue for resolution. The question presented is: Whether a pretrial detainee alleging deliberate indifference must prove the defendant actually knew of a significant risk of harm, as six circuits have held, or instead must prove only that the defendant objectively should have known of such a risk, as four circuits have held. 

Counsel of record

For petitioner
R. Trent McCotter
Separation of Powers Clinic, Gray Center

For respondent
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Linked docket
23A13

Proceedings

  1. Jan 22 2024
    Petition DENIED.
  2. Jan 03 2024
    DISTRIBUTED for Conference of 1/19/2024.
  3. Jan 02 2024
    Reply of petitioners Lewis County, Kentucky, et al. filed. (Distributed)
  4. Dec 28 2023
    Brief of respondent Julie Helphenstine in opposition filed.
  5. Dec 28 2023
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  6. Nov 06 2023
    Motion to extend the time to file a response is granted and the time is extended to and including December 29, 2023.
  7. Nov 03 2023
    Motion to extend the time to file a response from November 29, 2023 to December 29, 2023, submitted to The Clerk.
  8. Oct 30 2023
    Response Requested. (Due November 29, 2023)
  9. Oct 24 2023
    DISTRIBUTED for Conference of 11/9/2023.
  10. Oct 18 2023
    Waiver of right of respondent Helphenstine to respond filed.
  11. Oct 18 2023
    Brief amicus curiae of Shelby County Sheriff's Office filed.
  12. Oct 17 2023
    Brief amici curiae of National Troopers Coalition, et. al. filed.
  13. Oct 11 2023
    Brief amici curiae of Virginia Sheriffs' Association, et al. filed.
  14. Sep 14 2023
    Petition for a writ of certiorari filed. (Response due October 18, 2023)
  15. Jul 07 2023
    Application (23A13) granted by Justice Kavanaugh extending the time to file until September 15, 2023.
  16. Jul 05 2023
    Application (23A13) to extend the time to file a petition for a writ of certiorari from July 17, 2023 to September 15, 2023, submitted to Justice Kavanaugh.