County of Harlan v. Appalachian Regional Healthcare, Inc.

I must respectfully dissent from the majority opinion on several grounds. First, I do not believe the Harlan County Jailer was under any statutory obligation to seek indigency determinations for inmates needing medical care. Second, the remedy sought does not redress the alleged harm, and other statutory safeguards obviate the need for a writ of mandamus in this case. Finally, the remedy granted by the majority is vague and unworkable. As such, I would reverse the decision of the Court of Appeals.

A

As the majority points out, this case turns on the issue of duty. Specifically, the pivotal…