No. 21-1141

Charles Wade v. Gordon Lewis

Lower Court: Eleventh Circuit
Docketed: 2022-02-16
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: 8th-amendment circuit-split civil-rights clearly-established constitutional-violation due-process fair-warning medical-treatment prisoner-rights qualified-immunity
Key Terms:
Punishment JusticiabilityDoctri
Latest Conference: 2022-03-25
Question Presented (AI Summary)

Whether qualified-immunity-doctrine-demands-identical-fact-pattern

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has repeatedly held that government officials lack qualified immunity when prior decisions provide “fair warning” of constitutional violations. Hope v. Pelzer, 536 U.S. 730, 740-41 (2002). Long before the events leading to this case, the Eleventh Circuit held that correctional officers violate the Constitution by delaying medical treatment for a prisoner’s “bleeding cut” and ignoring the presence of “blood on the floor and on his coat and shirt.” Aldridge v. Montgomery, 753 F.2d 970, 972-73 (11th Cir. 1985) (per curiam). But the Eleventh Circuit held here that Aldridge failed to clearly establish the unconstitutionality of ignoring a prisoner’s cut that “leak[ed] blood . . . all over the place,” relying on distinctions between a “pool of blood” and a “path of blood,” as well as between a cut above the right eye and a similarly sized cut to the right hand. The question presented is: Whether this Court’s qualified immunity doctrine demands a nearly identical fact pattern before a case can clearly establish the law—as the Eleventh and Fifth Circuits have held—or whether a case can provide “fair warning” despite some factual variation—as the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits have held.

Docket Entries

2022-03-28
Petition DENIED.
2022-03-18
Brief amici curiae of Rights Behind Bars and Roderick & Solange MacArthur Justice Center filed.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-03-02
Waiver of right of respondent Gordon Lewis to respond filed.
2022-02-14
Petition for a writ of certiorari filed. (Response due March 18, 2022)
2022-01-06
Application (21A191) granted by Justice Thomas extending the time to file until February 14, 2022.
2021-12-28
Application (21A191) to extend further the time from January 18, 2022 to February 14, 2022, submitted to Justice Thomas.
2021-12-01
Application (21A191) granted by Justice Thomas extending the time to file until January 18, 2022.
2021-11-26
Application (21A191) to extend the time to file a petition for a writ of certiorari from December 16, 2021 to January 18, 2022, submitted to Justice Thomas.

Attorneys

Charles Wade
Adam Howard CharnesKilpatrick Townsend, Petitioner
Rights Behind Bars and Roderick & Solange MacArthur Justice Center
Samuel David Kinder WeissRights Behind Bars, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Respondent