Kisela v. Hughes

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-467	9th Cir.	Not Argued	Apr 2, 2018	n/a	Per Curiam	OT 2017

Holding: Police officer Andrew Kisela is entitled to qualified immunity because his actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Judgment: Reversed and remanded in a per curiam opinion on April 2, 2018. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

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The Annual: OT2017 in Review (First Mondays)
Justices grant one new case, summarily reverse in excessive-force case (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Sep 25 2017	Petition for a writ of certiorari filed. (Response due October 30, 2017)
Oct 20 2017	Order extending time to file response to petition to and including December 4, 2017.
Dec 04 2017	Brief of respondent Amy Hughes in opposition filed.
Dec 18 2017	Reply of petitioner Andrew Kisela filed.
Dec 20 2017	DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018	DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018	DISTRIBUTED for Conference of 1/19/2018.
Feb 05 2018	DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018	DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018	DISTRIBUTED for Conference of 3/2/2018.
Mar 12 2018	DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018	DISTRIBUTED for Conference of 3/23/2018.
Mar 26 2018	DISTRIBUTED for Conference of 3/29/2018.
Apr 02 2018	Petition for certiorari GRANTED, Judgment REVERSED and case REMANDED Justice Sotomayor, with whom Justice Ginsburg joins, dissenting. Opinion per curiam. (Detached Opinion)
May 04 2018	JUDGMENT ISSUED.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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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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  (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.
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- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
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- Dahne v. Richey Whether prison inmates have a First Amendment right to include threatening, abusive and irrelevant language in grievances.
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Kisela v. Hughes

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Featured Posts

Argument analysis: Court leaning toward requiring the government to prove that a felon in possession knew he was a felon – Evan Lee

A “view” from the courtroom: Counting to five – Mark Walsh

Argument analysis: Divided court seems ready to uphold citizenship question on 2020 census – Amy Howe

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