State attorneys representing two former Delaware prison administrators plan to appeal an adverse court ruling involving a 2004 inmate suicide to the U.S. Supreme Court.
A court filing Tuesday indicates that the state will ask the high court to review a federal appeals court’s 2-to-1 decision last month saying retired prison commissioner Stan Taylor and prison warden Raphael Williams are not immune from being sued by the family of Christopher Barkes.
Barkes’ family is asking for a jury trial to be scheduled, but the state is asking that a trial be postponed until the Supreme Court rules.
The 37-year-old Barkes hanged himself in November just hours after being arrested for violating probation. When being processed, Barkes failed to fully disclose his long history of substance abuse and suicide attempts.