Brawner v. Scott County, Tennessee

Tammy Brawner was not permitted to take several of her prescribed medications after she was booked into Scott County jail. Just eight days after her booking, she suffered multiple seizures and was taken to the hospital where she was prescribed another medication. Upon returning to the jail, this medication was discontinued in favor of another one. In the following week, Branwer suffered many more seizures and began acting erratically. Eventually, she was transported by helicopter to a hospital, but, nonetheless, suffered permanent and debilitating injuries as a result of prolonged seizure activity.

Brawner, represented by Stanley, Kurtz & Collins, PLC, brought suit against Scott County for violation of her Fourteenth Amendment right to adequate medical care. After she presented her case at trial, the district court concluded that Brawner’s claim could not succeed and ruled in favor of Scott County. On appeal, the Sixth Circuit reversed that decision. It also explained that a recent Supreme Court decision—Kingsley v. Hendrickson, 576 U.S. 389 (2015)—required it to change the legal test for pretrial detainees bringing medical care claims from a subjective test to an objective one. Following this decision, Scott County asked the en banc Sixth Circuit to review the case and reconsider the panel’s decision to alter the legal test.

We joined Stanley, Kurtz & Collins, PLC to defend the panel decision. A majority of the Sixth Circuit agreed with us and declined to rehear the case en banc. Scott County then filed a petition for certiorari, urging the Supreme Court to take the case and reinstate the subjective test in the Sixth Circuit and across the country. The petition was denied.