Kingsley v. Hendrickson

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.

SCOTUSblog Coverage

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.

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Kingsley v. Hendrickson

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Peabody Award

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