e-Journal Summary

e-Journal Number : 79329
Opinion Date : 04/18/2023
e-Journal Date : 05/01/2023
Court : U.S. Court of Appeals Sixth Circuit
Case Name : Helphenstine v. Lewis Cnty., KY
Practice Area(s) : Civil Rights Constitutional Law
Judge(s) : Sutton, Cole, and Griffin; Separate statement as to the denial of a rehearing en banc – Readler
Full PDF Opinion
Issues:

Action under 42 USC § 1983 for deliberate indifference to serious medical needs; A pretrial detainee’s burden of proof; Kingsley v Hendrickson; Brawner v Scott Cnty; Trozzi v Lake Cnty; Whether each defendant acted “deliberately” & “recklessly ‘in the face of an unjustifiably high risk of harm that is either known or so obvious that it should be known’”; Municipal liability; Qualified immunity

Summary

In an order on two petitions for rehearing en banc of an opinion (see e-Journal #78934 in the 2/23/23 edition) in a case alleging deliberate indifference to a pretrial detainee’s serious medical needs, the original panel concluded “that the issues raised in the petitions were fully considered upon the original submission and decision. The petitions then were circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.” Thus, the petitions were denied.

Full PDF Opinion