Johnson v. City of Shelby

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1318	5th Cir.	Not Argued	Nov 10, 2014	TBD	Per Curiam	OT 2014

Holding: The court of appeals erred in entering summary judgment against the petitioners, police officers who filed a lawsuit against the city where they worked, for failure to invoke 42 U.S.C. § 1983 in their complaint. Federal pleading rules do not countenance the dismissal of a complaint for imperfect statement of the legal theory supporting the claim. And in particular, no heightened pleading rule requires plaintiffs seeking damages for violations of constitutional rights to invoke § 1983 expressly in order to state a claim.

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Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Apr 29 2014	Petition for a writ of certiorari filed. (Response due June 2, 2014)
May 21 2014	Order extending time to file response to petition to and including July 2, 2014.
Jul 2 2014	Brief of respondent City of Shelby, Mississippi in opposition filed.
Jul 16 2014	DISTRIBUTED for Conference of September 29, 2014.
Jul 16 2014	Reply memorandum of petitioners Tracey L. Johnson, and David James, Jr. filed. (Distributed)
Oct 6 2014	DISTRIBUTED for Conference of October 10, 2014.
Oct 14 2014	DISTRIBUTED for Conference of October 17, 2014.
Oct 27 2014	DISTRIBUTED for Conference of October 31, 2014.
Nov 3 2014	DISTRIBUTED for Conference of November 7, 2014.
Nov 10 2014	Petition GRANTED. Judgment REVERSED and case REMANDED. Opinion per curiam. (Detached Opinion)
Dec 12 2014	JUDGMENT ISSUED.

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  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.
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Current Relists
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- Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).
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Editor's Note :

Johnson v. City of Shelby

SCOTUSblog Coverage

Featured Posts

Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

New rules mean tighter deadlines, fewer words – Amy Howe

Relist Watch: The Muller Report – John Elwood

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