42 USC § 1983 action by a pretrial detainee for deliberate indifference; A “constitutional harm”; Whether a reasonable trier of fact could find that plaintiff was at “a substantial risk of harm from being placed in a cell” with two violent inmates; Westmoreland v Butler Cnty; Whether the action was “intentional”; Brawner v Scott Cnty; Causation; Whether plaintiff adequately alleged a claim under Monell v Department of Soc Servs
In an order on a petition for a rehearing en banc, because a majority of the judges in regular active service voted for rehearing en banc, the court vacated the previous opinion and judgment (see eJournal # 84878 in the 1/7/26 edition), stayed the mandate, and restored the case on the docket as a pending appeal.
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