No. 19-6812

Steven Kurt Baughman v. Michael Seale, et al.

Lower Court: Fifth Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment brain-damage burden-of-proof civil-rights constitutional-claims deliberate-indifference due-process hyperglycemia insulin medical-treatment prisoner-rights retaliation serious-medical-needs
Key Terms:
FirstAmendment DueProcess
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether injecting a prisoner with insulin without knowing his immediate blood sugar level constitutes deliberate indifference to serious medical needs

Question Presented (OCR Extract)

QUESTIONS PRESENTED _ 1, Whetehr injecting a prisoner with insulin without knowing his immediate bllod sugar level constitutes deliberate indifference to serious medical neads, where such act or anission can cara, brain damage and death; or if not enough insulin is injected it.can result in hyperglycentia; causing long-term complications incluxting kidney disease, heart disease, amputation of iinbs, 2. Whether a prisoner nead only show that protected speech was a " motivating factor " for retaliation, at which point the burden of proof shifts and the defendant must show that the adverse action would have been taken anyway; or whether the minority of circuits are correct in holding that a prison plaintiff must prove that “ but for " the retaliation, the adverse action wuld mi have occurred.|‘The later placing a hightened bubden of proof on the prison plaintiff. } 3, Whether a prisoner has a tight to refuse unmented ed matically unjustified "" treatment," in the foun of commissary restrictions, which prevents the prisoner fron purchasing food or drinks.

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-12-30
Waiver of right of respondents Adrian Garcia, et al. to respond filed.
2019-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)
2019-09-11
Application (19A279) granted by Justice Alito extending the time to file until November 25, 2019.
2019-09-03
Application (19A279) to extend the time to file a petition for a writ of certiorari from September 26, 2019 to November 25, 2019, submitted to Justice Alito.

Attorneys

Adrian Garcia, et al.
Mary E. BakerHarris County Attorney's Office, Respondent
Steven K. Baughman
Steven Kurt Baughman — Petitioner