Corey Lamar Smith, et al. v. Arnold Schwarzenegger, former Governor of California, et al.
SocialSecurity JusticiabilityDoctri
Whether the Ninth Circuit misapplied the clearly established test's generality principles by analyzing the issue too specifically, whether the Ninth Circuit erred in applying qualified immunity by misunderstanding the applicable incident rate statistics, and whether state officials can be relieved of responsibility because the California Plata health care Receiver allegedly did not order them to take more robust precautions
QUESTIONS PRESENTED ~ 1. Did the Ninth Circuit misapply the clearly | established test’s generality principles by analyzing ; : the issue so specifically as to create a logical absurdity . . relative to principles of Helling v. McKinney? . ; 2. Did the. Ninth Circuit err in applying qualified immunity by misunderstanding the applicable incident , rate statistics, which drives the quantum of danger? : , 3. Can_state officials be relieved of responsibility | because the California Plata health care Receiver | allegedly did not order them to take more robust : precautions? .