On behalf of amici curiae the California State Association of Counties, the National Association of Sheriffs, and the California State Association of Sheriffs, Daley & Heft partner Lee H. Roistacher prepared a brief in support of the County of Orange’s petition for certiorari to the United States Supreme Court in Gordon v. County of Orange, 888 F.3d 1118 (9th Cir. 2018). See Gordon Brief Here
The issue presented for review in the petition for certiorari raises the question of whether the culpability standard established by Supreme Court in Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), for Fourteenth Amendment based excessive force claims brought by pretrial detainees – an “objective unreasonableness” standard – applies to Fourteenth Amendment based inadequate medical care claims brought by pretrial detainees, as Gordon held it did, or should the Eighth Amendment’s “deliberate indifference” standard continue to apply – a standard incorporating a subjective component — as it universally did before Kingsley. The circuit courts are divided on the issue.
Lee H. Roistacher, Esq.
Certified Appellate Specialist,
State Bar of California Board of