"Strain v. Regalado: Motion for Leave to File Amicus Curiae Brief and B" by Leah Litman
 

Document Type

Brief

Publication Date

6-10-2021

Abstract

Pursuant to Supreme Court Rule 37.2(b), amici curiae respectfully request leave to file the following brief in support of petitioner. Counsel of record for all parties received notice at least ten days prior to the due date of the amicus curiae brief. Respondents Vic Regalado and Armor Correctional Health Services, Inc. withheld consent. Petitioner consented to the filing of this brief.

Amici are legal scholars who teach and write on incarceration, criminal justice, civil rights, and constitutional law. Their interest in submitting this brief is to call attention to how the courts of appeals aligned with the court below are failing to properly apply this Court’s precedents, a problem only this Court can resolve. More broadly, amici seek to offer guidance on the proper resolution of the merits of this case, and they urge this Court to grant the petition for a writ of certiorari and hold that the objective standard outlined in Kingsley v. Hendrickson, 576 U.S. 389 (2015), applies to conditions of confinement cases brought by pretrial detainees.

Amici respectfully request that the Court grant leave to file this brief.

Comments

Amicus: Schlanger, Professor Margo; Armstrong, Professor Andrea; Aviram, Professor Hadar; Ball, Professor W. David; Beety, Professor Valena; Dolovich, Professor Sharon; Feeley, Professor Malcolm M.; Garrett, Professor Brandon L.; Godfrey, Professor Nicole B.; Jefferis, Professor Danielle C.; Kohler-Hausmann, Professor Issa; Kovarsky, Lee; Litman, Leah M.; Lobel, Jules; Mills, Alan; Mushlin, Michael B.; Reiter, Keramet; Ricks, Sarah E.; Robbins, Ira P.; Simon, Jonathan; Stinneford, John

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