No. 23-260

Daniel Erwin v. Karla Howell, as Administratrix of the Estate of Cornelius Pierre Howell

Lower Court: Sixth Circuit
Docketed: 2023-09-18
Status: Dismissed
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 14th-amendment 42-usc-1983 civil-rights constitutional-standard deliberate-indifference due-process farmer-v-brennan fourteenth-amendment kingsley-v-hendrickson medical-need pretrial-detainee section-1983
Latest Conference: 2024-01-19 (distributed 2 times)
Related Cases: 23-210 (Vide)
Question Presented (from Petition)

Whether Kingsley v. Hendrickson, 576 U.S. 389, 135 S.Ct. 2466 (2015), applies to claims for deliberate indifference to a serious medical need brought by pretrial detainees under 42 U.S.C. § 1983 and the Fourteenth Amendment, thereby abrogating the subjective prong set forth in Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970 (1994).

Question Presented (AI Summary)

Whether Kingsley v. Hendrickson applies to deliberate-indifference claims by pretrial-detainees

Docket Entries

2024-09-05
Petition Dismissed - Rule 46.
2024-07-17
Joint Stipulation to Dismiss of Daniel Erwin submitted.
2024-07-17
Motion of Daniel Erwin to dismiss submitted.
2024-07-17
Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed by counsel for petitioner. (Stipulation placed on the docket 9/5/24)
2024-01-22
Joint motion to hold petitions in abeyance GRANTED.
2024-01-05
Joint motion to hold petitions in abeyance filed. (Distributed)
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2023-12-21
2023-10-26
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2023.
2023-10-24
Motion to extend the time to file a response from November 15, 2023 to December 15, 2023, submitted to The Clerk.
2023-10-16
Response Requested. (Due November 15, 2023)
2023-10-11
DISTRIBUTED for Conference of 10/27/2023.
2023-10-05
Waiver of right of respondent Karla Howell to respond filed.
2023-08-31
Petition for a writ of certiorari filed. (Response due October 18, 2023)

Attorneys

Daniel Erwin
John Barry WelchArnold Todaro Welch & Foliano CO., L.P.A., Petitioner
Karla Howell
Megha RamRoderick and Solange MacArthur Justice Center, Respondent