|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-6368||7th Cir.||Apr 27, 2015||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.
|Date||Proceedings and Orders |
|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.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).