Kingsley v. Hendrickson

Editor's Note :

Kingsley v. Hendrickson

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

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Conference of March 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-6368	7th Cir.	Apr 27, 2015 Tr.Aud.	Jun 22, 2015	5-4	Breyer	OT 2014

Holding: To prove an excessive force claim under 42 U.S.C. § 1983, a pretrial detainee must show only that the officers’ use of that force was objectively unreasonable; he does not need to show that the officers were subjectively aware that their use of force was unreasonable.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Breyer on June 22, 2015. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Alito filed a dissenting opinion.

Opinion analysis: Supporting excessive force claims in jails – and prisons? (Richard M. Re)
A “view” from the Courtroom: A web of intrigue as the Term winds down (Mark Walsh)
Argument analysis: Debating excessive force in the pre-trial setting (Richard M. Re)
SCOTUS for law students: Excessive force in pretrial detention (Stephen Wermiel)
Argument preview: Pre-trial detainees and excessive force in jail (Richard M. Re)

Date	Proceedings and Orders (key to color coding)
Jul 2 2014	Application (14A11) to extend the time to file a petition for a writ of certiorari from July 17, 2014 to August 18, 2014, submitted to Justice Kagan.
Jul 2 2014	Application (14A11) granted by Justice Kagan extending the time to file until August 18, 2014.
Aug 18 2014	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2014)
Oct 10 2014	Waiver of right of respondents Stan Hendrickson, et al. to respond filed.
Oct 23 2014	DISTRIBUTED for Conference of November 7, 2014.
Oct 28 2014	Response Requested . (Due November 28, 2014)
Nov 24 2014	Order extending time to file response to petition to and including December 5, 2014.
Dec 4 2014	Brief of respondents Stan Hendrickson, et al. in opposition filed.
Dec 17 2014	Reply of petitioner Michael B. Kingsley filed. (Distributed)
Dec 18 2014	DISTRIBUTED for Conference of January 9, 2015.
Jan 12 2015	DISTRIBUTED for Conference of January 16, 2015.
Jan 16 2015	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 10 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 19 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Mar 2 2015	Brief of petitioner Michael B. Kingsley filed.
Mar 2 2015	Joint appendix filed.
Mar 6 2015	SET FOR ARGUMENT ON Monday, April 27, 2015
Mar 6 2015	Brief amicus curiae of The Rutherford Institute filed. (Distributed)
Mar 9 2015	Brief amici curiae of Former Corrections Administrators and Experts filed.
Mar 9 2015	Brief amici curiae of American Civil Liberties Union, et al. filed.
Mar 9 2015	Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
Mar 9 2015	Brief amici curiae of National Sheriffs' Association et al. filed (REPRINTED). (Distributed)
Mar 16 2015	CIRCULATED.
Mar 17 2015	Record requested from U.S.C.A. 7th Circuit.
Mar 17 2015	Brief amicus curiae of the United States supporting affirmance filed. (Distributed)
Mar 17 2015	Record from U.S.C.A. 7th Circuit is electronic and located on PACER.
Mar 24 2015	Record received from U.S.D.C. Western Dist. of Wisconsin is electronic and SEALED.
Apr 1 2015	Brief of respondents Stan Hendrickson, et al. filed. (Distributed)
Apr 8 2015	Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
Apr 8 2015	Brief amici curiae of Indiana, et al. filed. (Distributed)
Apr 8 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 17 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 17 2015	Reply of petitioner Michael B. Kingsley filed. (Distributed)
Apr 27 2015	Argued. For petitioner: Wendy M. Ward, Madison, Wis. For United States as amicus curiae: John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C.
Jun 22 2015	Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. Alito, J., filed a dissenting opinion.
Jul 24 2015	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
On Tuesday, the justices released their opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc.
On Wednesday, the justices released their opinions in two cases: Obduskey v. McCarthy & Holthus LLP and Frank v. Gaos.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices heard oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices heard oral argument in Flowers v. Mississippi.
On Friday, the justices met for their March 22 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this 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
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
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.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)
Opinions

27
KISOR V. WILKIE (18-15)
Opinions

29
Conference