No. 23-259

Lewis County, Kentucky, et al. v. Julie Helphenstine, Administratrix of the Estate of Christopher Dale Helphenstine and Guardian of B. D. H., the Minor Son of Christopher Dale Helphenstine

Lower Court: Sixth Circuit
Docketed: 2023-09-18
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: circuit-split civil-rights deliberate-indifference due-process eighth-amendment objective-knowledge pretrial-detainee prison-officials qualified-immunity separation-of-powers
Key Terms:
SocialSecurity Takings DueProcess FourthAmendment CriminalProcedure Punishment JusticiabilityDoctri
Latest Conference: 2024-01-19 (distributed 2 times)
Question Presented (from Petition)

Whether a pretrial detainee alleging deliberate indifference must prove the defendant actually knew of a significant risk of harm, as six circuits have held, or instead must prove only that the defendant objectively should have known of such a risk, as four circuits 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

2024-01-22
Petition DENIED.
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2024-01-02
Reply of petitioners Lewis County, Kentucky, et al. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2023-12-28
Brief of respondent Julie Helphenstine in opposition filed.
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2023-12-28
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Main DocumentMain Document
2023-11-06
Motion to extend the time to file a response is granted and the time is extended to and including December 29, 2023.
2023-11-03
Motion to extend the time to file a response from November 29, 2023 to December 29, 2023, submitted to The Clerk.
Main DocumentMain Document
2023-10-30
Response Requested. (Due November 29, 2023)
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent Helphenstine to respond filed.
Main DocumentMain Document
2023-10-18
Brief amicus curiae of Shelby County Sheriff's Office filed.
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2023-10-17
Brief amici curiae of National Troopers Coalition, et. al. filed.
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2023-10-11
Brief amici curiae of Virginia Sheriffs' Association, et al. filed.
Main DocumentCertificate of Word CountProof of ServiceMain DocumentCertificate of Word CountProof of Service
2023-09-14
Petition for a writ of certiorari filed. (Response due October 18, 2023)
PetitionCertificate of Word CountProof of ServicePetitionCertificate of Word CountProof of Service
2023-07-07
Application (23A13) granted by Justice Kavanaugh extending the time to file until September 15, 2023.
2023-07-05
Application (23A13) to extend the time to file a petition for a writ of certiorari from July 17, 2023 to September 15, 2023, submitted to Justice Kavanaugh.
Main DocumentLower Court Orders/OpinionsProof of ServiceMain DocumentLower Court Orders/OpinionsProof of Service

Attorneys

Helphenstine
Kelsi Brown Corkran — Institute for Constitutional Advocacy & Protection, Respondent
Lewis County, Kentucky, et al.
R. Trent McCotter — Separation of Powers Clinic, Gray Center, Petitioner
National Troopers Coalition, et. al.
G. Gus Morris — McGraw Morris P.C., Amicus
Shelby County Sheriff's Office
Emmett Lee Whitwell — Shelby County Attorney's Office, Amicus
Virginia Sheriffs Association
Michael Francis Imprevento — Norfolk Sheriff's Office, Amicus