No. 22-363

Candice Hinton, Individually and as Personal Representative of the Estate of Rodrin Hinton and as Parent and Natural Guardian of Her Minor Children R. H. and C. H. and Next Friend of I. H. and K. H., et al. v. Harris County, Texas

Lower Court: Fifth Circuit
Docketed: 2022-10-18
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 civil-rights constitutional-violation deliberate-indifference farmer-v-brennan governmental-liability medical-policy policymaker section-1983
Key Terms:
SocialSecurity DueProcess Punishment Securities
Latest Conference: 2022-12-02
Question Presented (AI Summary)

Whether the Court's analysis in a 42 U.S. Code § 1983 Civil action for deprivation of rights policy case should be restricted to a finding of deliberate indifference to an employee who acted at the direction of the policy, before/without analyzing the actual policymakers deliberate indifference

Question Presented (from Petition)

Question Presented for Review Whether the Court’s analysis in a 42 U.S. Code § 1983 Civil action for deprivation of rights policy case should be restricted to a finding of deliberate indifference to an employee who acted at the direction of the policy, before/without analyzing the actual policymakers deliberate indifference, where the issue is not the indifference of those acting under the policy, but the indifference of the policymaker, where the governmental entity through its designated policymaker created a written medical policy which deviated from the recognized medical standard of care in contravention to state codes and which resulted in a constitutional violation of inadequate medical care for detainees as set forth in Farmer v. Brennan, 511 U.S. 825, (1994) thereby creating a situation where those implementing the policy may not be liable for actions that were casually connected to the policy unless an actor/employee following the policy was found deliberately indifferent?

Docket Entries

2022-12-05
Petition DENIED.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-10
Waiver of right of respondent Harris County, Texas to respond filed.
2022-10-11
Petition for a writ of certiorari filed. (Response due November 17, 2022)

Attorneys

Candice Hinton, et al.
Otha T. CarpenterOtha T. Carpenter, Esq. & Associates, Petitioner
Otha T. CarpenterOtha T. Carpenter, Esq. & Associates, Petitioner
Harris County, Texas
Laura Jean BeckmanHarris County Attorney's Office, Respondent
Laura Jean BeckmanHarris County Attorney's Office, Respondent