Supreme Court of the United States · Official docket →
Davie County, North Carolina, et al. v. Juiliana Swink, Administratrix of the Estate of David Ray Gunter, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-2183 · judgment December 2, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The questions presented are:
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Given the Supreme Court’s decision in Monell, can a governmental entity be held liable, either under the doctrine of respondeat superior or the “non-delegable duty” doctrine, for the constitutional torts of a healthcare provider hired by the governmental entity?
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Given the policymaker framework of the Supreme Court as articulated in cases such as Pembaur, Praprotnik, and Jett, does the hiring by a governmental entity of a healthcare provider to provide healthcare services at a jail automatically convert the healthcare provider into a governmental policymaker for purposes of Section 1983 liability?
Counsel of record
For petitioner
James Redfern Morgan Jr.
Womble Bond Dickinson (US) LLP
For respondent
James G. Long III
Maynard Nexsen PC
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jul 24 2026Reply of petitioners Davie County, et al. filed. (Distributed)
- Jul 22 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 09 2026Motion of petitioners Davie County and Stokes County for an extension of time to file a reply not accepted for filing. (July 10, 2026) See Rule 15.6.
- Jul 08 2026Brief of respondents Southern Health Partners, Inc., et al. in support filed.
- Jul 08 2026Brief of respondent Juliana Swink, Administratrix of the Estate of David Ray Gunter in opposition filed.
- May 26 2026Motion to extend the time to file a response is granted and the time is extended to and including July 8, 2026, for all respondents.
- May 22 2026Motion to extend the time to file a response from June 8, 2026 to July 8, 2026, submitted to The Clerk.
- May 08 2026Response Requested. (Due June 8, 2026)
- Apr 22 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 13 2026Waiver of right of respondents Southern Health Partners, Inc.; Manuel Maldando; Jason Junkins (Medical Director); Sandra Hunt; and Fran Jackson; to respond filed.
- Apr 06 2026Waiver of right of respondent Juliana Swink, Administrator of the Estate of David Ray Gunter to respond filed.
- Mar 13 2026Petition for a writ of certiorari filed. (Response due April 16, 2026)