No. 20-1402

Stephen Hammonds v. Robert Theakston, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-04-07
Status: Denied
Type: Paid
Tags: 11th-circuit 8th-amendment appellate-precedent civil-rights constitutional-rights deliberate-indifference due-process medical-care qualified-immunity section-1983
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. When the unconstitutionality of an officials' conduct is reasonably obvious, does that suffice to render the violation of those constitutional rights clearly established, as the Third, Fourth, Sixth, Seventh, Ninth, and Tenth Circuits have recognized in similar cases, or must there also be binding precedent under the same specific facts, as the Eleventh Circuit held below?

2. Are government officials entitled to qualified immunity so long as there is no prior appellate precedent recognizing the unconstitutionality of an identical fact pattern, as the Eleventh Circuit held below, or can prior precedent establish a clearly established constitutional right despite some factual variation, as this Court, as well as the Third, Fourth, Seventh, Ninth, Tenth, and Tenth Circuits have held?

3. Did the Eleventh Circuit and District Court err in summarily granting qualified immunity to Respondents without considering substantial factual issues of deliberate indifference in the officer's actions?

Question Presented (AI Summary)

When the unconstitutionality of an officials' conduct is reasonably obvious, does that suffice to render the violation of those constitutional rights clearly established

Docket Entries

2021-10-04
Petition DENIED.
2021-08-13
Reply of petitioner Stephen Hammonds filed. (Distributed)
2021-06-23
DISTRIBUTED for Conference of 9/27/2021.
2021-06-07
Brief of respondents Robert Theakston, M.D., et al. in opposition filed.
2021-05-05
Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2021. See Rule 30.1.
2021-05-04
Motion to extend the time to file a response from May 7, 2021 to June 6, 2021, submitted to The Clerk.
2021-04-01
Petition for a writ of certiorari filed. (Response due May 7, 2021)

Attorneys

Robert Theakston, M.D., et al.
Jamie Helen KiddWebb McNeill Walker PC, Respondent
Stephen Hammonds
Daniel Patrick EvansThe Evans Law Firm, P.C., Petitioner