This petition poses two questions: first, whether the
"professional judgment standard" this court articulated in
Youngberg can be reduced to "whether the worst doctor in
America would say ok"?; second, whether state defendants
can be immune from suit for civil rights violations when the
plaintiff knows a state defendant violated his civil rights,
but not which one amongst several implicated by the
evidence? Both questions split the Circuits. Both questions
involve issues of nationwide scope and exceptional
importance to one of the most vulnerable populations in
the country – the state institutionalized mentally ill.

1. Is the "professional judgment" standard
articulated by this Court in Youngberg v. Romeo
governing medical care of the institutionalized
mentally ill indistinguishable from the deliberate
indifference standard governing medical care
of convicted criminals to such a degree that
even gross negligence or criminal recklessness
is consistent with the exercise of "professional
judgment"?

2. When evidence points to several possible different
suspects for civil rights violations, does the fact
of several different suspects preclude a plaintiff
from asking the jury to determine which one is
responsible?

Whether the 'professional judgment standard' articulated in Youngberg can be reduced to 'whether the worst doctor in America would say ok'