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City of Flint, Michigan v. Guertin

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Petition for certiorari denied on January 21, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-205 6th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether the substantive-due-process right to bodily integrity should be extended to protect the public at large from exposure to an environmental toxin resulting from governmental policy decisions; (2) whether it is plausible that a municipal officer’s actions were conscience-shocking when the respondents admit that the policy decisions were based on the advice and direction of the controlling state regulatory agency and with the advice of expert advisors; (3) whether, if the answer to the first or second question is “yes,” the right was clearly established; and (4) whether the city, which was under the substantially complete control and authority of the state under Michigan’s “Local Financial Stability and Choice Act of 2012,” was an arm of the state and thus entitled to immunity from suit under the 11th Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 14 2019Petition for a writ of certiorari filed. (Response due September 16, 2019)
Sep 03 2019Motion to extend the time to file a response from September 16, 2019 to November 2, 2019, submitted to The Clerk.
Sep 10 2019Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
Oct 10 2019Motion to extend the time to file a response from November 4, 2019 to December 16, 2019, submitted to The Clerk.
Oct 17 2019Motion to extend the time to file a response is granted and the time is further extended to and including December 16, 2019.
Dec 16 2019Brief of respondents Shari Guertin, et al. in opposition filed. VIDED.
Dec 26 2019Reply of petitioners City of Flint, et al. filed. (Distributed)
Dec 30 2019DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020Petition DENIED.