No. 23-1097

J. D. Hartman, Individually and in his Official Capacity as Sheriff of Davie County, North Carolina, et al. v. Charles Willis Short, Individually and as Administrator of the Estate of Victoria Christine Short

Lower Court: Fourth Circuit
Docketed: 2024-04-09
Status: Denied
Type: Paid
Amici (1)
Tags: 8th-amendment circuit-split civil-rights deliberate-indifference due-process eighth-amendment objective-knowledge pretrial-detainee pretrial-detention prison-officials
Key Terms:
SocialSecurity DueProcess FourthAmendment Punishment CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2024-06-06
Question Presented (from Petition)

Whether a pretrial detainee alleging deliberate indifference must prove the defendant actually knew of a significant risk of harm, as five circuits have held, or instead must prove only that the defendant objectively should have known of such a risk, as five other circuits (including the Fourth Circuit panel in this case) have held.

Question Presented (AI Summary)

Whether a pretrial detainee alleging deliberate-indifference must prove the defendant actually-knew of a significant-risk-of-harm or instead must prove only that the defendant objectively-should-have-known of such-a-risk

Docket Entries

2024-06-10
Petition DENIED.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-05-03
2024-04-05
Petition for a writ of certiorari filed. (Response due May 9, 2024)

Attorneys

J.D. Hartman, et al.
James Redfern Morgan Jr.Womble Bond Dickinson (US) LL P, Petitioner
National Sheriffs’ Association
Gregory Charles ChampagneSt. Charles Parish Sheriff's Office, Amicus