Davie County, North Carolina, et al. v. Juiliana Swink, Administratrix of the Estate of David Ray Gunter, et al.
1) Given the Supreme Court's decision in Monell ,
can a governmental entity be held liable, either
under the doctrine of respondeat superior
or the "non-delegable duty" doctrine, for the
constitutional torts of a healthcare provider
hired by the governmental entity?
2) Given the policymaker framework of the
Supreme Court as articulated in cases such
as Pembaur , Praprotnik , and Jett, does the
hiring by a governmental entity of a healthcare
provider to provide healthcare services at a jail
automatically convert the healthcare provider
into a governmental policymaker for purposes
of Section 1983 liability?
Whether a governmental entity can be held liable under respondeat superior or the non-delegable duty doctrine for constitutional torts of a hired healthcare provider, and whether hiring a healthcare provider to deliver services at a jail automatically converts that provider into a governmental policymaker for Section 1983 liability purposes