Cope v. Cogdill
Petition for a writ of certiorari denied on June 30, 2022. Justice Sotomayor dissented from the denial of certiorari.
Issues: (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.
SCOTUSblog Coverage
- “Clean-up” conference prompts three new grants, lots of separate writings (Amy Howe, June 30, 2022)
- The (likely) last grants of October Term 2021 (John Elwood, June 29, 2022)
- The independent state legislature theory and more on jurisdiction (John Elwood, June 23, 2022)
- Vaccine requirements, cancer claims, and circuit splits (John Elwood, June 16, 2022)
- Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case (John Elwood, June 7, 2022)
- Are timing limits on property owners’ claims jurisdictional? (John Elwood, June 2, 2022)
- A capital case that tests the right to represent oneself at trial (John Elwood, May 26, 2022)
- Allegations of racial bias in a death penalty trial (John Elwood, May 20, 2022)
- Challenges to administrative action and retroactive relief for prisoners (John Elwood, May 11, 2022)
- Private rights of action, overtime pay, and the constitutionality of a billboard tax (John Elwood, April 27, 2022)
- Animal rights and the First Amendment, due process and a confession of error (John Elwood, April 20, 2022)
- Another look at qualified immunity (John Elwood, April 12, 2022)
- “Remain in Mexico” and Texas’ anti-abortion law (Andrew Hamm, January 7, 2022)
Date | Proceedings and Orders (key to color coding) |
---|
Oct 13 2021 | Application (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. |
Oct 21 2021 | Application (21A81) granted by Justice Alito extending the time to file until December 13, 2021. |
Nov 22 2021 | Petition for a writ of certiorari filed. (Response due December 27, 2021) |
Dec 08 2021 | Waiver of right of respondent Leslie W. Cogdill, et al. to respond filed. |
Dec 15 2021 | DISTRIBUTED for Conference of 1/7/2022. |
Dec 22 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
Dec 23 2021 | Brief amici curiae of Cato Institute, et al. filed. (Distributed) |
Dec 27 2021 | Brief amici curiae of Disability Rights Texas, et al. filed. |
Dec 28 2021 | Response Requested. (Due January 27, 2022) |
Jan 11 2022 | Motion to extend the time to file a response from January 27, 2022 to February 28, 2022, submitted to The Clerk. |
Jan 12 2022 | Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022. |
Feb 28 2022 | Brief of respondents Leslie W. Cogdill, et al. in opposition filed. |
Mar 14 2022 | Reply of petitioners Patsy K. Cope, et al. filed. (Distributed) |
Mar 16 2022 | DISTRIBUTED for Conference of 4/1/2022. |
Apr 11 2022 | DISTRIBUTED for Conference of 4/14/2022. |
Apr 18 2022 | DISTRIBUTED for Conference of 4/22/2022. |
Apr 22 2022 | Record Requested. |
Apr 25 2022 | DISTRIBUTED for Conference of 4/29/2022. |
Apr 26 2022 | Record received from the U.S.C.A. for the Fifth Circuit (Electronic Record on Appeal-EROA and Sealed EROA). |
May 09 2022 | DISTRIBUTED for Conference of 5/12/2022. |
May 16 2022 | DISTRIBUTED for Conference of 5/19/2022. |
May 23 2022 | DISTRIBUTED for Conference of 5/26/2022. |
May 31 2022 | DISTRIBUTED for Conference of 6/2/2022. |
Jun 06 2022 | DISTRIBUTED for Conference of 6/9/2022. |
Jun 13 2022 | DISTRIBUTED for Conference of 6/16/2022. |
Jun 21 2022 | DISTRIBUTED for Conference of 6/23/2022. |
Jun 29 2022 | DISTRIBUTED for Conference of 6/29/2022. |
Jun 30 2022 | Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari. (Detached Opinion) |