No. 18-476

Cowlitz County, Washington, et al. v. Jule Crowell, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-15
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 14th-amendment 42-usc-1983 8th-amendment civil-rights deliberate-indifference due-process fourteenth-amendment medical-care monell monell-doctrine municipal-liability objective-reasonableness section-1983 serious-medical-needs subjective-intent
Key Terms:
SocialSecurity DueProcess FourthAmendment Punishment CriminalProcedure
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether a pretrial detainee alleging Fourteenth Amendment claims of deliberate indifference to serious medical needs must show subjective intent or objective reasonableness

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether a pretrial detainee alleging Fourteenth Amendment claims of deliberate indifference to serious medical needs under 42 U.S.C. § 1983 must show that an individual defendant had the subjective intent to deprive the plaintiff of needed medical care, as nine circuits continue to hold based upon Eighth Amendment precedent, or whether Fourteenth Amendment jurisprudence should be altered in cases relating to the provision of medical care, by replacing the well-established subjective intent requirement with the Fourth Amendment’s “objective reasonableness” standard, traditionally used for excessive force claims, as was at issue in Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015). 2. Whether the Ninth Circuit’s vacation of the district court’s summary judgment order, despite no proof of a policy or custom which posed a substantial risk of serious harm with respect to inmate medical care, conflicts with this Court’s municipal liability precedent in Monell v. Dep’t of Social and Health Services, 436 U.S. 658 (1978) and its progeny. ll PARTIES TO PROCEEDING AND RULE 29.6

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-05
Rescheduled.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-19
Waiver of right of respondents Jule Crowell, et al. to respond filed.
2018-10-10
Petition for a writ of certiorari filed. (Response due November 14, 2018)

Attorneys

Cowlitz County, et al.
Marc RosenbergLee Smart, Inc., Petitioner
Marc RosenbergLee Smart, Inc., Petitioner
Jule Crowell, et al.
Philip Albert TalmadgeTalmadge Fitzpatrick Tribe, Respondent
Philip Albert TalmadgeTalmadge Fitzpatrick Tribe, Respondent