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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


Certiorari denied · February 26, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

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

  1. Feb 26 2024
    Petition DENIED.
  2. Feb 07 2024
    DISTRIBUTED for Conference of 2/23/2024.
  3. Feb 02 2024
    Waiver of right of respondent Midland County, Texas, et al. to respond filed.
  4. Jan 10 2024
    Petition for a writ of certiorari filed. (Response due February 12, 2024)