No. 23-7

Lynn Hamlet v. Officer Hoxie

Lower Court: Eleventh Circuit
Docketed: 2023-07-03
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: 42-usc-1983 8th-amendment civil-rights conditions-of-confinement cruel-and-unusual-punishment eighth-amendment prison-conditions procunier-v-navarette qualified-immunity section-1983
Key Terms:
SocialSecurity Punishment JusticiabilityDoctri
Latest Conference: 2023-12-08 (distributed 3 times)
Question Presented (AI Summary)

Whether the Eighth Amendment bars a prison official from forcing a person with diabetes and open wounds to endure prolonged and unnecessary exposure to feces

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner Lynn Hamlet—an elderly man with visible open wounds on his ankles resulting from diabetes—suffered a life-threatening bacterial infection after Officer Brandon Hoxie trapped him in a backedup shower filled with another person’s feces, removed from his cell any method by which he could clean the excrement from his wounds, and barred him from showering for a week while human waste festered in his sores. Hamlet brought this suit under 42 U.S.C. § 1983, challenging Officer Hoxie’s conduct as violating the Eighth Amendment. The Eleventh Circuit held that Officer Hoxie was entitled to qualified immunity because there was no circuit precedent holding that the Eighth Amendment bars prison officials from forcing an incarcerated person to have gratuitous contact with human waste under these precise circumstances. The questions presented are: I. Whether it is “clearly established” for purposes of qualified immunity that the Eighth Amendment bars a prison official from forcing a person with diabetes and open wounds to endure prolonged and unnecessary exposure to feces. II. Whether the Court should overrule Procunier v. Navarette, 434 U.S. 555 (1978), and hold that qualified immunity under 42 U.S.C. § 1983 does not extend to a suit alleging that a prison guard subjected the plaintiff to unlawful conditions of confinement, because similar state officials were not immune from similar suits at common law.

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-27
Rescheduled.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-11-13
2023-10-27
2023-09-19
Motion to extend the time to file a response is granted and the time is extended to and including October 27, 2023.
2023-09-18
Motion to extend the time to file a response from September 27, 2023 to October 27, 2023, submitted to The Clerk.
2023-08-28
Response Requested. (Due September 27, 2023)
2023-08-09
DISTRIBUTED for Conference of 9/26/2023.
2023-08-02
Waiver of right of respondent Officer Hoxie to respond filed.
2023-06-29
2023-06-20
Application (22A972) denied by Justice Thomas.
2023-06-15
Application (22A972) to extend further the time from June 29, 2023 to July 29, 2023, submitted to Justice Thomas.
2023-05-05
Application (22A972) granted by Justice Thomas extending the time to file until June 29, 2023.
2023-05-03
Application (22A972) to extend the time to file a petition for a writ of certiorari from May 30, 2023 to July 29, 2023, submitted to Justice Thomas.

Attorneys

Lynn Hamlet
Jonathan D. HackerO'Melveny & Myers LLP, Petitioner
Jonathan D. HackerO'Melveny & Myers LLP, Petitioner
Officer Hoxie
Henry Charles WhitakerFlorida Office of the Attorney General, Respondent
Henry Charles WhitakerFlorida Office of the Attorney General, Respondent
Barbara Ann JungeOffice of the Attorney General for State of FL, Respondent
Barbara Ann JungeOffice of the Attorney General for State of FL, Respondent