No. 18-1590

Corey Lamar Smith, et al. v. Arnold Schwarzenegger, former Governor of California, et al.

Lower Court: Ninth Circuit
Docketed: 2019-06-27
Status: Denied
Type: Paid
Response Waived
Tags: 8th-amendment civil-rights clearly-established-test danger due-process helling-v-mckinney incident-rate-statistics ninth-circuit plata-receiver prison-conditions qualified-immunity standing state-officials
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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? .

Docket Entries

2019-10-07
Petition DENIED.
2019-09-26
Supplemental brief of petitioner Corey Lamar Smith, et al. filed. (Distributed)
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-07-22
Waiver of right of respondents Edmund G. Brown, et al. to respond filed.
2019-06-24
Petition for a writ of certiorari filed. (Response due July 29, 2019)

Attorneys

Corey Lamar Smith, et al.
Corey Lamar Smith — Petitioner
Edmund G. Brown, et al.
Michelle Devorah IgraCalifornia Department of Justice - Office of the Attorney General, Respondent
Schwarzenegger, Yates, Schwartz, Rothchild, Meyer, Kernan, Hysen, Hubbard, Beard, and Cate
Jon Scott AllinCalifornia Department of Justice, Office of the Attorney General, Respondent