No. 19-6812

Steven Kurt Baughman v. Michael Seale, et al.

Lower Court: Fifth Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment brain-damage burden-of-proof civil-rights constitutional-claims deliberate-indifference due-process hyperglycemia insulin medical-treatment prisoner-rights retaliation serious-medical-needs
Key Terms:
FirstAmendment DueProcess
Latest Conference: 2020-02-21
Question Presented (from Petition)

1. Whetehr injecting a prisoner with insulin without knowing bis immediate bllod sqgar level constitutes deliberate indifference to serious medical needs, where such act or mission can result in rapid onset hypoglycemia; causing medical explications up to and including seizures, cam, train damge and death; or if not enogjn insulin is injected it can result in typerglycenria; causing long-term complications including kidney disease, heart disease, amputation of limbs, and blindness.

2. Whether a prisoner need only shew that protected speech was a motivating factor " for retaliation, at which point the burden of proof shifts and the defendant trust show that the adverse action would have been taken anyway; or whether the minority of circuits are correct in holding that a prison plaintiff must prove that '' but for " the retaliation, the adverse action would not have occurred.[Hie later placing a higjntaned bidden of proof on die prison plaintiff.]

3. Whether a prisoner has a right to refuse unwanted and medically unjustified " treatment," in the form of ccmnissary restrictions, which prevents the prisoner from purchasing food or drinks.

Question Presented (AI Summary)

Whether injecting a prisoner with insulin without knowing his immediate blood sugar level constitutes deliberate indifference to serious medical needs

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-12-30
Waiver of right of respondents Adrian Garcia, et al. to respond filed.
2019-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)
2019-09-11
Application (19A279) granted by Justice Alito extending the time to file until November 25, 2019.
2019-09-03
Application (19A279) to extend the time to file a petition for a writ of certiorari from September 26, 2019 to November 25, 2019, submitted to Justice Alito.

Attorneys

Adrian Garcia, et al.
Mary E. BakerHarris County Attorney's Office, Respondent
Steven K. Baughman
Steven Kurt Baughman — Petitioner