Prieto v. Clarke
Petition for certiorari denied on October 13, 2015
Issue: (1) Whether, in conflict with Wilkinson v. Austin and the decisions of ten other courts of appeals, the Second and Fourth Circuits properly require inmates to satisfy a “two-part analysis” under which they cannot establish a liberty interest in avoiding atypical and severe conditions of confinement without first pointing to an entitlement stemming from mandatory language in state law; and (2) what is the proper resolution of the extensive circuit split upon which this Court expressly reserved judgment in Wilkinson, regarding what conditions within a jurisdiction establish the “ordinary incidents of prison life.”
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jul 6 2015 | Petition for a writ of certiorari filed. (Response due August 7, 2015) |
| Jul 20 2015 | Waiver of right of respondents Harold W. Clarke, Director, Virginia Department of Corrections, et al. to respond filed. |
| Jul 22 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Aug 5 2015 | DISTRIBUTED for Conference of September 28, 2015. |
| Aug 5 2015 | Brief amici curiae of Professors and Practitioners of Psychiatry and Psychology filed. |
| Aug 6 2015 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Aug 7 2015 | Brief amicus curiae of Corrections Experts filed. |
| Aug 10 2015 | Response Requested . (Due September 9, 2015) |
| Sep 9 2015 | Motion for leave to intervene filed by Mark Eric Lawlor. |
| Sep 9 2015 | Brief of respondents Harold W. Clarke, Director, Virginia Department of Corrections, et al. in opposition filed. |
| Sep 18 2015 | Reply of petitioner Alfredo Prieto filed. |
| Sep 21 2015 | Opposition to motion of respondents Harold W. Clarke, Director, Virginia Department of Corrections, et al. filed. (Distributed) |
| Sep 23 2015 | DISTRIBUTED for Conference of October 9, 2015. |
| Oct 2 2015 | Supplement to motion for leave to intervene filed by Mark Eric Lawlor. (Distributed) |
| Oct 13 2015 | Motion for leave to intervene filed by petitioner DENIED. |
| Oct 13 2015 | Petition for a writ of certiorari DISMISSED AS MOOT. |
