Coleman-Bey v. Tollefson
| 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.
SCOTUSblog Coverage
- 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 |
|---|---|
| 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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