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
Issue: (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.
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Date | Proceedings and Orders |
---|---|
07/10/2020 | Petition for a writ of certiorari filed. (Response due August 17, 2020) |
08/06/2020 | Waiver of right of respondent Tajudeen Alamu to respond filed. |
08/12/2020 | DISTRIBUTED for Conference of 9/29/2020. |
08/26/2020 | Response Requested. (Due September 25, 2020) |
09/10/2020 | Motion to extend the time to file a response from September 25, 2020 to October 26, 2020, submitted to The Clerk. |
09/11/2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2020. |
10/09/2020 | Motion to extend the time to file a response from October 26, 2020 to November 25, 2020, submitted to The Clerk. |
10/13/2020 | Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2020. |
11/25/2020 | Brief of respondent Tajudeen Alamu in opposition filed. |
12/04/2020 | 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. |
12/07/2020 | Motion to delay distribution of the petition for a writ certiorari until December 30, 2020 granted. |
12/29/2020 | Reply of petitioner Prince McCoy filed. (Distributed) |
12/30/2020 | DISTRIBUTED for Conference of 1/15/2021. |
01/19/2021 | DISTRIBUTED for Conference of 1/22/2021. |
02/12/2021 | DISTRIBUTED for Conference of 2/19/2021. |
02/22/2021 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Taylor v. Riojas, 592 U. S. ___ (2020) (per curiam). |
03/26/2021 | JUDGMENT ISSUED. |