No. 18-760

Oberist Lee Saunders v. Wayne Ivey, Sheriff, Brevard County, Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-12-14
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-rights conditions-of-confinement constitutional-rights due-process fourteenth-amendment hutto-v-finney kingsley-v-hendrickson pretrial-detention qualified-immunity rhodes-v-chapman sanitation-standards
Latest Conference: 2019-03-15
Question Presented (from Petition)

(1) Whether, consistent with Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), a Fourteenth Amendment conditions-of-confinement claim brought by a pretrial detainee should be evaluated under an objective or subjective standard, a question on which the federal courts of appeals have split.

(2) Whether, at the time of Petitioner's confinement, the right of a detainee not to be confined in conditions lacking basic sanitation was clearly established under Hutto v. Finney, 437 U.S. 678 (1978), Rhodes v. Chapman, 452 U.S. 337 (1981), and myriad court of appeal decisions, or, alternatively, whether Petitioner's conditions of confinement were so obviously unconstitutional that any reasonable officer would have recognized them as such.

Question Presented (AI Summary)

Whether the Fourteenth Amendment conditions-of-confinement claim should be evaluated under an objective or subjective standard

Docket Entries

2019-03-18
Petition DENIED.
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2019-02-27
Reply of petitioner Oberist Lee Saunders filed. (Distributed)
2019-02-13
Brief of respondents Sheriff of Brevard County, et al. in opposition filed.
2019-01-09
Motion to extend the time to file a response is granted and the time is extended to and including February 14, 2019.
2019-01-07
Motion to extend the time to file a response from January 14, 2019 to February 14, 2019, submitted to The Clerk.
2018-12-13
Petition for a writ of certiorari filed. (Response due January 14, 2019)
2018-09-18
Application (18A268) granted by Justice Thomas extending the time to file until December 13, 2018.
2018-09-12
Application (18A268) to extend the time to file a petition for a writ of certiorari from October 14, 2018 to December 13, 2018, submitted to Justice Thomas.

Attorneys

Oberist Lee Saunders
Sarah Gardner BoyceMunger, Tolles & Olson LLP, Petitioner
Sheriff of Brevard County, et al.
Donald Andrew DeBevoiseDeBevoise & Poulton, P.A., Respondent