Chasity Congious, By and Through Her Guardian, Kimberly Hammond, on Behalf of Herself and as Mother and Next Friend of Z. C. H., Deceased v. Aaron Ivy Shaw, DO

This Court has held that potential violations of a pretrial detainee’s Due Process Clause rights are to be judged by an objective standard. E.g., Bell v. Wolfish, 441 U.S. 520, 560-61, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (stating that the constitutionality of restrictions placed on pretrial detainees “depends on whether they are rationally related to a legitimate nonpunitive purpose and whether they appear excessive in relation to that purpose.”); Kingsley v. Hendrickson, 576 U.S. 389, 397-402, 135 S.Ct. 2466, 192 L.Ed.2d 416 (2015) (holding that a pretrial detainee’s excessive force claim should be judged by an objective standard). In the wake of Kingsley, a Circuit split has emerged on whether to apply an objective standard to a pretrial detainee’s Due Process Clause denial of medical care claim. The Fifth Circuit in this case applied a subjective standard to reject a pretrial detainee’s Due Process Clause denial of medical care claim. Accordingly, the question presented by this petition is: Whether a pretrial detainee’s Due Process Clause denial of medical care claim is governed by a subjective standard, as held by the Fifth, Eighth, Tenth, and Eleventh Circuits, or by an objective standard, as held by the Second, Fourth, Sixth, Seventh, and Ninth Circuits.