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Angela Robinson, et al. v. Midland County, Texas, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-50673 · judgment September 14, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
To successfully assert a Section 1983 Monell claim against a county based on a pattern of unconstitutional conduct by the county’s contractor, must the plaintiff allege that county policymakers have actual knowledge of the contractor’s misconduct, or is it sufficient for the plaintiff to allege facts by which constructive knowledge may be imputed to county policymakers as a result of the pattern of misconduct? Whether the objective reasonableness test of Kingsley v. Hendrickson, 576 U.S. 389 (2015), applies to pretrial detainee claims alleging mistreatment while in custody, including the failure of jailers to provide emergency medical care. Whether the plaintiff should have an opportunity to amend when the court of appeals determines an original complaint is deficient but could be cured.
Counsel of record
For petitioner
Thomas Dean Malone
Law Offices of Dean Malone, P.C.
For respondent
Richard Layne Rouse
Shafer, Davis, O'Leary & Stoker
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 26 2024Petition DENIED.
- Feb 07 2024DISTRIBUTED for Conference of 2/23/2024.
- Feb 02 2024Waiver of right of respondent Midland County, Texas, et al. to respond filed.
- Jan 10 2024Petition for a writ of certiorari filed. (Response due February 12, 2024)