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Cope v. Cogdill

Petition for a writ of certiorari denied on June 30, 2022. Justice Sotomayor dissented from the denial of certiorari.

Docket No. Op. Below Argument Opinion Vote Author Term
21-783 5th Cir. N/A N/A N/A N/A OT 2021

Issue: (1) Whether jail officials who are subjectively aware of a substantial risk that a pretrial detainee will attempt suicide and respond to the harm unreasonably may be held liable when their violation was obvious " as the U.S. Courts of Appeals for the 1st, 4th, 7th, 8th, 9th, and 11th Circuits have held " or whether jail officials who respond unreasonably to the obvious risk should be granted qualified immunity in the absence of a case involving the same facts " as the U.S. Court of Appeals for the 5th Circuit held below; (2) whether the objective standard the Supreme Court announced in Kingsley v. Hendrickson applies to inadequate-care claims brought by pretrial detainees " as the U.S. Court of Appeals for the 2nd, 6th, 7th, and 9th Circuits have held " or whether the subjective standard that applies to convicted prisoners also applies to pretrial detainees " as the U.S. Courts of Appeals for the 8th, 10th, and 11th Circuits have held and as the 5th Circuit held below; and (3) whether the judge-made qualified immunity doctrine requires reform.

DateProceedings and Orders (key to color coding)
10/13/2021Application (21A81) to extend the time to file a petition for a writ of certiorari from November 11, 2021 to December 13, 2021, submitted to Justice Alito.
10/21/2021Application (21A81) granted by Justice Alito extending the time to file until December 13, 2021.
11/22/2021Petition for a writ of certiorari filed. (Response due December 27, 2021)
12/08/2021Waiver of right of respondent Leslie W. Cogdill, et al. to respond filed.
12/15/2021DISTRIBUTED for Conference of 1/7/2022.
12/22/2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
12/23/2021Brief amici curiae of Cato Institute, et al. filed. (Distributed)
12/27/2021Brief amici curiae of Disability Rights Texas, et al. filed.
12/28/2021Response Requested. (Due January 27, 2022)
01/11/2022Motion to extend the time to file a response from January 27, 2022 to February 28, 2022, submitted to The Clerk.
01/12/2022Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.
02/28/2022Brief of respondents Leslie W. Cogdill, et al. in opposition filed.
03/14/2022Reply of petitioners Patsy K. Cope, et al. filed. (Distributed)
03/16/2022DISTRIBUTED for Conference of 4/1/2022.
04/11/2022DISTRIBUTED for Conference of 4/14/2022.
04/18/2022DISTRIBUTED for Conference of 4/22/2022.
04/22/2022Record Requested.
04/25/2022DISTRIBUTED for Conference of 4/29/2022.
04/26/2022Record received from the U.S.C.A. for the Fifth Circuit (Electronic Record on Appeal-EROA and Sealed EROA).
05/09/2022DISTRIBUTED for Conference of 5/12/2022.
05/16/2022DISTRIBUTED for Conference of 5/19/2022.
05/23/2022DISTRIBUTED for Conference of 5/26/2022.
05/31/2022DISTRIBUTED for Conference of 6/2/2022.
06/06/2022DISTRIBUTED for Conference of 6/9/2022.
06/13/2022DISTRIBUTED for Conference of 6/16/2022.
06/21/2022DISTRIBUTED for Conference of 6/23/2022.
06/29/2022DISTRIBUTED for Conference of 6/29/2022.
06/30/2022Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari. (Detached Opinion)