No. 23-756

Angela Robinson, et al. v. Midland County, Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2024-01-12
Status: Denied
Type: Paid
Response Waived
Tags: actual-knowledge civil-rights civil-rights-violation constructive-knowledge county-liability monell monell-claim municipal-liability section-1983
Key Terms:
DueProcess Punishment CriminalProcedure
Latest Conference: 2024-02-23
Question Presented (AI Summary)

Whether county policymakers' actual or constructive knowledge of contractor's misconduct is required for Monell claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED To successfully assert a Section 1983 Monell claim against a county based on a pattern of unconstitutional conduct by the county’s contractor, must the plaintiff allege that county policymakers have actual knowledge of the contractor’s misconduct, or is it sufficient for the plaintiff to allege facts by which constructive knowledge may be imputed to county policymakers as a result of the pattern of misconduct? Whether the objective reasonableness test of Kingsley v. Hendrickson, 576 U.S. 389 (2015), applies to pretrial detainee claims alleging mistreatment while in custody, including the failure of jailers to provide emergency medical care. Whether the plaintiff should have an opportunity to amend when the court of appeals determines an original complaint is deficient but could be cured.

Docket Entries

2024-02-26
Petition DENIED.
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-02-02
Waiver of right of respondent Midland County, Texas, et al. to respond filed.
2024-01-10
Petition for a writ of certiorari filed. (Response due February 12, 2024)

Attorneys

Angela Robinson, et al.
Thomas Dean MaloneLaw Offices of Dean Malone, P.C., Petitioner
Midland County, Texas, et al.
Richard Layne RouseShafer, Davis, O'Leary & Stoker, Respondent