No. 23-1108

Daril Foose, et al. v. Sherelle Thomas, Administrator of the Estate of Terelle Thomas, et al.

Lower Court: Third Circuit
Docketed: 2024-04-11
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: civil-rights constitutional-violation custody drug-toxicity due-process fourteenth-amendment law-enforcement law-enforcement-custody medical-care qualified-immunity
Key Terms:
DueProcess Punishment
Latest Conference: 2024-09-30 (distributed 3 times)
Related Cases: 23-1204 (Vide)
Question Presented (AI Summary)

Whether the police officers' decision to transport a detainee who they suspected had ingested drugs to a nearby prison where he was evaluated by the prison's medical staff rather than to a hospital is an obvious constitutional violation depriving the officers of qualified immunity despite the lack of controlling precedent proscribing their conduct?

Question Presented (OCR Extract)

QUESTION PRESENTED The Petitioners are police officers who arrested Terelle Thomas after a traffic stop. Mr. Thomas was observed to have a pasty white substance in his mouth which he spit out and a powdery substance on his lips face and shirt. He repeatedly denied having ingested cocaine, coherently responded to questions, assured the officers that he felt “okay” and showed no signs of medical distress or drug toxicity. Mr. Thomas was transported to the nearby County Prison where he was assessed by the prison medical staff and cleared to remain. About one hour later he collapsed in a holding cell and eventually died of cocaine and fentanyl toxicity. The Court of Appeals acknowledged the lack of controlling precedential authority proscribing Petitioners’ conduct in the context of these facts yet denied them qualified immunity holding that their actions were an obvious violation of the Fourteenth Amendment right of a person in the custody of law enforcement to receive medical care. The question presented is: Whether the police officers’ decision to transport a detainee who they suspected had ingested drugs to a nearby prison where he was evaluated by the prison’s medical staff rather than to a hospital is an obvious constitutional violation depriving the officers of qualified immunity despite the lack of controlling precedent proscribing their conduct ?

Docket Entries

2024-10-07
Petition DENIED.
2024-09-17
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-07-29
Response Requested. (Due August 28, 2024)
2024-06-12
DISTRIBUTED for Conference of 9/30/2024.
2024-06-04
Letter Supplement of Daril Foose, et al. submitted.
2024-06-04
Letter recieved from petitioners Daril Foose, et al.
2024-05-31
Rescheduled.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-03
Waiver of right of respondent Sherelle Thomas, Administrator of the Estate of Terelle Thomas, et al. to respond filed.
2024-04-08

Attorneys

Daril Foose, et al.
Sheryl L. BrownSiana Law , Petitioner
Sheryl L. BrownSiana Law , Petitioner
Sherelle Thomas, Administrator of the Estate of Terelle Thomas, et al.
James Patrick DavyAll Rise Trial & Appellate, Respondent
James Patrick DavyAll Rise Trial & Appellate, Respondent