Herbert v. District of Columbia

The principal issue in this case, one of first impression in this court, is whether the trial court was correct when it ruled that the District of Columbia could delegate to a contractor its duty to provide necessary and appropriate medical care to prisoners incarcerated in its prison system. I believe this ruling was erroneous, and thus I would reverse the judgment in favor of the District and remand this case for further proceedings.

In her motion for summary judgment, appellant argued that the District had a non-delegable duty to provide her with necessary medical care while she was…