No. 19-7508

Jeffrey D. Leiser v. Karen Kloth, et al.

Lower Court: Seventh Circuit
Docketed: 2020-01-30
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: by triggering PTSD symptoms rise to a level that is cognizable under the Eigh that caused psychological harm civil-rights correctional-officer correctional-officer-duties due-process eighth-amendment emotional-distress inmate-rights intentional-infliction-of-emotional-distress psychological-harm ptsd qualified-immunity
Key Terms:
SocialSecurity Punishment JusticiabilityDoctri
Latest Conference: 2020-04-24 (distributed 2 times)
Question Presented (from Petition)

1. Does the intentional infliction of severe emotional distress, by triggering
PTSD symptoms, that caused psychological harm, rise to a level that is
cognizable under the Eighth Amendment ?

2. Did the United States Court of Appeals for the Seventh Circuit have
jurisdiction on the question of Qualified Immunity as a matter of law when
the liability of the actor 's intent is a qualifying element of the cause giving
rise to the Constitutional Violation?

3. Is it well-established law that a correctional officer violates the rights of an
inmate when carrying out their duties in a way that goes beyond what would
otherwise be penologically justified and to intentionally inflict severe
emotional distress causing psychological harm?

4. Does a correctional officer have a duty to respond to the self-reported medical
or psychological symptoms of an inmate in their care as they relate to the
inmate 's safety?

5. Does Qualified Immunity protect non-medical staff from the wanton infliction
of psychological pain when the prohibition is not stated in an inmate 's
medical treatment plan?

Question Presented (AI Summary)

Does the intentional infliction of severe emotional distress, by triggering PTSD symptoms, that caused psychological harm, rise to a level that is cognizable under the Eighth Amendment?

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-03-25
Brief of respondents karen Koth, et al. in opposition filed.
2020-02-24
Response Requested. (Due March 25, 2020)
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-11
Waiver of right of respondents Karen Kloth, et al. to respond filed.
2019-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2020)

Attorneys

Jeffrey Leiser
Jeffrey D. Leiser — Petitioner
karen Koth, et al.
Jody Joyce SchmelzerState of Wisconsin Department of Justice, Respondent