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Dallas County v. Duvall

Certiorari Denied

Petition for certiorari denied on October 3, 2011.

Docket No.10-1468
Op. Below5th Cir.

Issue

(1) Whether a claim by a pretrial detainee is established under the Due Process Clause as a matter of law by the presence of staph-infection-causing bacteria in a county jail and the fact that no legitimate, governmental purpose is served by the presence of such bacteria; (2) whether the lower court's application of Bell v. Wolfish (1979), which focuses on whether a “condition of confinement"? constitutes punishment, can be reconciled with Daniels v. Williams (1986) and Davidson v. Cannon (1986), which rejected negligence as actionable under the Due Process Clause; and (3) whether the “deliberate indifference”? standard for claims brought by convicted inmates should also be the applicable standard when a pretrial detainee challenges conditions of confinement that may put the health of both categories of inmates at risk.

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