No. 25-1091October Term 2025Before Arguments
Davie County, North Carolina, et al., Petitioners v. Juiliana Swink, Administratrix of the Estate of David Ray Gunter, et al.
from the United States Court of Appeals for the Fourth Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Fourth Circuit.
Question presented
1. Given the Supreme Court’s decision in Monell, can a governmental entity be held liable, either under the doctrine of respondeat superior or the “non-delegable duty” doctrine, for the constitutional torts of a healthcare provider hired by the governmental entity? 2. Given the policymaker framework of the Supreme Court as articulated in cases such as Pembaur, Praprotnik, and Jett, does the hiring by a governmental entity of a healthcare provider to provide healthcare services at a jail automatically convert the healthcare provider into a governmental policymaker for purposes of Section 1983 liability?
- Case path
United States Court of Appeals for the Fourth Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Davie County asks the Supreme Court to decide when a government can be sued for the alleged constitutional violations of a healthcare provider it hired to treat people in a jail. The petition also asks whether hiring that provider automatically makes the provider a government policymaker for Section 1983 (federal civil-rights) liability.
Argument
The case is pending, and oral argument has not been scheduled. The petition asks whether a county may be liable for a hired jail healthcare provider’s alleged constitutional violations and whether hiring alone makes that provider a policymaker.
Impact
The answer could shape who can be sued when medical care in a jail is challenged under the Constitution. For example, if a county hires a private medical provider for a jail, this case could affect whether the county itself faces the lawsuit.
What is Davie County v. Swink about?
It asks whether a county can be sued for alleged constitutional violations by a jail healthcare provider it hired. It also asks whether hiring alone makes the provider a policymaker.
Who could be affected by Davie County v. Swink?
Counties, jail medical contractors, and people in jails could all be affected. The case could shape who pays or answers when care is challenged.
What happens next in Davie County v. Swink?
The Court has not scheduled oral argument. Watch for another scheduling move from the justices; no decision window is available yet.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 23, 2026
- Method
- Methodology