McCoy v. Alamu
Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 5th Circuit for further
consideration in light of Taylor v. Riojas, on February 22, 2021
Issues: (1) Whether a prison official is entitled to qualified immunity if
he gratuitously assaults a prisoner but not every factor from
Hudson v. McMillian for when the use of excessive physical force may constitute cruel and unusual punishment favors the plaintiff, as the U.S. Court of Appeals for the 5th
Circuit held here, or whether the plaintiff can nonetheless
defeat qualified immunity, as the U.S. Courts of Appeals for the 4th, 6th,
9th and 11th Circuits have held; and (2) whether a prison official who assaults a prisoner without
justification is entitled to qualified immunity if past
precedent involved different mechanisms of force,
as the 5th Circuit implicitly held here, or whether
precedent concerning unprovoked assaults by one
weapon can clearly establish the unconstitutionality of
unprovoked assaults by other weapons, as the
4th and 9th Circuits have held.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jul 10 2020 | Petition for a writ of certiorari filed. (Response due August 17, 2020) |
| Aug 06 2020 | Waiver of right of respondent Tajudeen Alamu to respond filed. |
| Aug 12 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Aug 26 2020 | Response Requested. (Due September 25, 2020) |
| Sep 10 2020 | Motion to extend the time to file a response from September 25, 2020 to October 26, 2020, submitted to The Clerk. |
| Sep 11 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2020. |
| Oct 09 2020 | Motion to extend the time to file a response from October 26, 2020 to November 25, 2020, submitted to The Clerk. |
| Oct 13 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2020. |
| Nov 25 2020 | Brief of respondent Tajudeen Alamu in opposition filed. |
| Dec 04 2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from December 9, 2020 to December 30, 2020, submitted to The Clerk. |
| Dec 07 2020 | Motion to delay distribution of the petition for a writ certiorari until December 30, 2020 granted. |
| Dec 29 2020 | Reply of petitioner Prince McCoy filed. (Distributed) |
| Dec 30 2020 | DISTRIBUTED for Conference of 1/15/2021. |
| Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021. |
| Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021. |
| Feb 22 2021 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Taylor v. Riojas, 592 U. S. ___ (2020) (per curiam). |
| Mar 26 2021 | JUDGMENT ISSUED. |
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