No. 18-476

Cowlitz County, Washington, et al. v. Jule Crowell, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-15
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 14th-amendment 42-usc-1983 8th-amendment civil-rights deliberate-indifference due-process fourteenth-amendment medical-care monell monell-doctrine municipal-liability objective-reasonableness section-1983 serious-medical-needs subjective-intent
Key Terms:
SocialSecurity DueProcess FourthAmendment Punishment CriminalProcedure
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

1. Whether a pretrial de tainee alleging Fourteenth Amendment claims of deliberate indifference to serious medical needs under 42 U.S. C. § 1983 must show that an individual defendant had the subjective intent todeprive the plaintiff of needed medical care, as ninecircuits continue to hold based upon EighthAmendment precedent, or whether FourteenthAmendment jurisprudence should be altered in casesrelating to the provision of medical care, by replacingthe well-established subjective intent requirement withthe Fourth Amendment's "objective reasonableness"standard, traditionally used for excessive force claims,as was at issue in Kingsley v. Hendrickson , 135 S. Ct.2466 (2015).

2. Whether the Ninth Circuit's vacation of the district court's summary judgment order, despite noproof of a policy or custom which posed a substantialrisk of serious harm with respect to inmate medicalcare, conflicts with this Court's municipal liabilityprecedent in Monell v. Dep't of Social and HealthServices, 436 U.S. 658 (1978) and its progeny.

Question Presented (AI Summary)

Whether a pretrial detainee alleging Fourteenth Amendment claims of deliberate indifference to serious medical needs must show subjective intent or objective reasonableness

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-05
Rescheduled.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-19
Waiver of right of respondents Jule Crowell, et al. to respond filed.
2018-10-10
Petition for a writ of certiorari filed. (Response due November 14, 2018)

Attorneys

Cowlitz County, et al.
Marc RosenbergLee Smart, Inc., Petitioner
Jule Crowell, et al.
Philip Albert TalmadgeTalmadge Fitzpatrick Tribe, Respondent