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Cope v. Cogdill

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-783 5th Cir. TBD TBD TBD TBD TBD

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

DateProceedings and Orders (key to color coding)
Oct 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.
Oct 21 2021Application (21A81) granted by Justice Alito extending the time to file until December 13, 2021.
Nov 22 2021Petition for a writ of certiorari filed. (Response due December 27, 2021)
Dec 08 2021Waiver of right of respondent Leslie W. Cogdill, et al. to respond filed.
Dec 15 2021DISTRIBUTED for Conference of 1/7/2022.
Dec 22 2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Dec 23 2021Brief amici curiae of Cato Institute, et al. filed. (Distributed)
Dec 27 2021Brief amici curiae of Disability Rights Texas, et al. filed.
Dec 28 2021Response Requested. (Due January 27, 2022)
Jan 11 2022Motion to extend the time to file a response from January 27, 2022 to February 28, 2022, submitted to The Clerk.
Jan 12 2022Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.