Posted on March 16, 2019 at 9:45 AM
An Alabama prison warden is seeking certiorari from the U.S. Supreme Court in a case in which the warden unilaterally directed a do not resuscitate order and removal of life support from an inmate who was stabbed.
Alabama law clearly specifies who is authorized to make healthcare decisions on behalf of an incapacitated patient. A warden is not on that list. Consequently, the lower courts held that the warden is not entitled to qualified immunity from the family’s 8th Amendment lawsuit.