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Moya v. Garcia

Petition for certiorari denied on March 18, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-689 10th Cir. N/A N/A N/A N/A OT 2018

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the respondents in this case.

Issue: Whether, when a jailer detains a person for an extended period with no access to a court hearing for arraignment and bail review, in violation of his or her due process rights, the jailer can avoid liability under 42 U.S.C. ยง 1983 on the ground that the state court caused the violation because it bears sole responsibility for setting such a hearing.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 25 2018Application (18A326) to extend the time to file a petition for a writ of certiorari from October 8, 2018 to November 23, 2018, submitted to Justice Sotomayor.
Sep 27 2018Application (18A326) granted by Justice Sotomayor extending the time to file until November 23, 2018.
Nov 21 2018Petition for a writ of certiorari filed. (Response due December 26, 2018)
Dec 24 2018Motion to extend the time to file a response from December 26, 2018 to January 25, 2019, submitted to The Clerk.
Dec 26 2018Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2019.
Jan 18 2019Motion to extend the time to file a response from January 25, 2019 to February 1, 2019, submitted to The Clerk.
Jan 22 2019Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2019.
Feb 01 2019Brief of respondents Robert Garcia, et al. in opposition filed.
Feb 15 2019Reply of Mariano Moya, et al. not accepted for filing. (February 15, 2019) (Corrected version submitted)
Feb 15 2019Reply of petitioners Mariano Moya, et al. filed.
Feb 20 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019Petition DENIED.