DESCRIPTION FORECASTS CASES DATA MANUSCRIPTS   CONTRIBUTORS

Roell v. Withrow February 26, 2003 (02-69) return to case listing Case Summary Respondent brought a pro se suit alleging that the prison's medical staff was deliberately indifferent to his medical needs while he was in prison. Pursuant to 28 U.S.C. § 636(c), Respondent gave written consent for the suit to be referred to a federal Magistrate Judge. However, not all of the defendants gave express written consent to the referral prior to trial. The case proceeded to trial before the Magistrate Judge, resulting in a jury verdict for defendants. Post-judgment, the remaining defendants gave their written consent to the referral. The Fifth Circuit vacated the verdict, holding that all of the parties had not expressly consented to the magistrate referral pretrial, and that their post-judgment consents were not effective. The opinion of the Fifth Circuit is found at 288 F.3d 199. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 9-0 to Reverse 8-1 to Reverse 7-2 to Affirm 5-4 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Kennedy Rehnquist O'Connor Souter Ginsburg Breyer VOTING TO AFFIRM Stevens Souter Ginsburg Breyer Stevens Stevens O'Connor Scalia Souter Thomas Ginsburg Breyer Stevens Scalia Kennedy Thomas return to case listing