Issue: (1) Whether a victim raped by a police officer acting under color of law can bring a Section 1983 substantive due process claim against state and local law enforcement officers and officials who, in the course of their investigation of her attacker, made the deliberate decision to build their prosecution case by allowing the victim to be repeatedly assaulted; (2) whether, under the deliberate indifference standard, law enforcement officers and officials are excused for knowing and intentional violations of a victim's constitutional rights in the course of investigating a state actor if the violations were committed as part of a plan to secure a conviction; and (3) whether knowingly allowing a sexual assault by a state actor is justifiable by any governmental interest.
On Monday the Court issued orders from the April 24 Conference, which Lyle reported on. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.