Coleman-Bey v. Tollefson

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Coleman-Bey v. Tollefson

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Conference of February 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1333	6th Cir.	Feb 23, 2015 Tr.Aud.	May 18, 2015	9-0	Breyer	OT 2014

Holding: The “three strikes” provision of the Prison Litigation Reform Act prevents a court from granting in forma pauperis status to a prisoner who “has, on three or more prior occasions, while incarcerated . . . , brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted.” A prior dismissal on one of the provision’s statutorily enumerated grounds counts as a strike, even if the dismissal is the subject of an ongoing appeal.

Judgment: Affirmed, 9-0, in an opinion by Justice Breyer on May 18, 2015.

Opinion analysis: Dismissed prisoner suits count as “strikes” even while being appealed (Steve Vladeck)
Argument recap: Justices worry that an easy-to-administer rule might open the floodgates to frivolous prisoner suits (Steve Vladeck)
Argument preview: When does a prisoner suit become a “strike”? (Steve Vladeck)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Mar 27 2014	Application (13A985) to extend the time to file a petition for a writ of certiorari from April 17, 2014 to May 12, 2014, submitted to Justice Kagan.
Mar 27 2014	Application (13A985) granted by Justice Kagan extending the time to file until May 12, 2014.
May 5 2014	Petition for a writ of certiorari filed. (Response due June 4, 2014)
May 28 2014	Waiver of right of respondents Todd Tollefson, et al. to respond filed.
Jun 4 2014	Brief amicus curiae of Constitutional Accountability Center filed.
Jun 18 2014	DISTRIBUTED for Conference of September 29, 2014.
Jun 23 2014	Response Requested . (Due July 23, 2014)
Jul 2 2014	Order extending time to file response to petition to and including August 22, 2014.
Aug 21 2014	Brief of respondents Todd Tollefson, et al. in opposition filed.
Sep 9 2014	Reply of petitioner Andre Lee Coleman-Bey filed.
Sep 10 2014	DISTRIBUTED for Conference of September 29, 2014.
Oct 2 2014	Petition GRANTED.
Oct 27 2014	Consent to the filing of amicus curiae briefs, in support of eitheir party or of neither party, received from counsel for the petitioner.
Oct 31 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 1, 2014.
Oct 31 2014	The time to file respondents' brief on the merits is extended to and including January 14, 2015.
Dec 1 2014	Joint appendix filed. (Statement of costs filed.)
Dec 1 2014	Brief of petitioner Andre Lee Coleman-Bey filed.
Dec 8 2014	Brief amicus curiae of Constitutional Accountability Center filed.
Dec 8 2014	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 8 2014	Brief amici curiae of Thirty-three Professors filed.
Dec 22 2014	SET FOR ARGUMENT ON Monday, February 23, 2015
Dec 22 2014	Record requested from U.S.C.A. 6th Circuit.
Dec 23 2014	Record received from U.S.C.A. 6th Circuit, the record is electronic.
Jan 7 2015	CIRCULATED.
Jan 14 2015	Brief of respondents Todd Tollefson, et al. filed. (Distributed)
Jan 21 2015	Brief amicus curiae of the United States filed. (Distributed)
Jan 21 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 10 2015	Reply of petitioner Andre Lee Coleman-Bey filed. (Distributed)
Feb 20 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 23 2015	Argued. For petitioner: Kannon K. Shanmugan, Washington, D. C. For respondents: Aaron D. Lindstrom, Solicitor General, Lansing, Mich.; and Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 18 2015	Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court.
Jun 19 2015	JUDGMENT ISSUED.

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Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann
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This Week at the Court
The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Statistical Snapshot

Cases argued 44

Cases decided 11

Summary reversals 3

Merits cases granted to date 74

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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Awarded the Peabody Award for excellence in electronic media.
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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Cases argued	44
Cases decided	11
Summary reversals	3
Merits cases granted to date	74

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)