Paroline v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-8561 | 5th Cir. | Jan 22, 2014 | Apr 23, 2014 | 5-4 | Kennedy | OT 2013 |
Holding: Restitution to the respondent, who was sexually abused as a young girl to produce child pornography, is proper under 18 U.S.C. § 2259 only to the extent the defendant, who pleaded guilty to possessing images of child porn, including two images of the respondent, was the proximate cause of the victim's losses. Victims should be compensated and defendants should be held accountable for the impact of their conduct on those victims, but defendants should only be made liable for the consequences and gravity of their own conduct, not the conduct of others.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Kennedy on April 23, 2014. Chief Justice Roberts filed a dissenting opinion, in which Justice Scalia and Justice Thomas joined. Justice Sotomayor also filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Dividing the duty to pay for child porn (Lyle Denniston, April 23, 2014)
- Post-argument debate on Paroline (Lyle Denniston, March 12, 2014)
- Court calls for new briefs on child porn (UPDATED) (Lyle Denniston, February 21, 2014)
- Argument recap: Sorting out the blame (Lyle Denniston, January 22, 2014)
- Argument preview: Paying a price for child porn (Lyle Denniston, January 21, 2014)
| Date | Proceedings and Orders |
|---|---|
| 01/31/2013 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2013) |
| 02/27/2013 | Order extending time to file response to petition to and including April 8, 2013. |
| 03/20/2013 | Order further extending time to file response to petition to and including May 8, 2013, for all respondents. |
| 04/24/2013 | Response to petition from respondent Amy filed. (Printed Brief) |
| 05/08/2013 | Brief of respondent United States in opposition filed. VIDED. |
| 05/08/2013 | Supplemental brief of respondent Michael Wright filed. VIDED. |
| 05/15/2013 | Letter of May 15, 2013, from Solicitor General received. (VIDED) |
| 05/20/2013 | Reply of respondent Michael Wright filed. VIDED. (Distributed) |
| 05/20/2013 | Reply of petitioner Doyle Randall Paroline filed. (Distributed) |
| 05/21/2013 | DISTRIBUTED for Conference of June 6, 2013. |
| 06/10/2013 | The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until July 1, 2013, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. |
| 06/10/2013 | Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner. |
| 06/17/2013 | DISTRIBUTED for Conference of June 20, 2013. |
| 06/24/2013 | Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner GRANTED. The order entered June 10, 2013, is vacated. |
| 06/25/2013 | DISTRIBUTED for Conference of June 26, 2013. |
| 06/27/2013 | Motion to proceed in forma pauperis is granted. The petition for a writ of certiorari GRANTED limited to the following question: What, if any, causal relationship or nexus between the defendant's conduct and the victim's harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. Sec. 2259?. |
| 07/19/2013 | Motion to appoint counsel filed by petitioner Doyle Randall Paroline. |
| 07/24/2013 | Motion DISTRIBUTED for Conference of September 30, 2013. |
| 07/26/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 19, 2013. |
| 07/26/2013 | The time to file respondent United State's brief on the merits is extended to and including September 27, 2013. |
| 07/26/2013 | The time to file respondent Amy's brief on the merits is extended to and including November 13, 2013. |
| 08/19/2013 | Brief of respondent Michael Wright in support of petitioner filed. |
| 08/19/2013 | Joint appendix filed. (Two Volumes) (Statement of costs filed) |
| 08/19/2013 | Brief of petitioner Doyle Randall Paroline filed. |
| 09/03/2013 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for respondent Amy. |
| 09/05/2013 | Letter from counsel for Amy and Michael Wright received. |
| 09/06/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Wright. |
| 09/06/2013 | Consent to the filing of amicus curiae briefs in support of either party, or neither party, received from counsel for petitioner. |
| 09/06/2013 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent United States. |
| 09/27/2013 | Brief of respondent United States filed. |
| 10/07/2013 | Motion to appoint counsel filed by petitioner GRANTED. Stanley G. Schneider, Esquire, of Houston, Texas, is appointed to serve as counsel for the petitioner in this case. |
| 11/04/2013 | SET FOR ARGUMENT ON Wednesday, January 22, 2014. |
| 11/05/2013 | CIRCULATED |
| 11/13/2013 | Brief of respondent Amy Unknown filed (Reprinted). (Distributed) |
| 11/19/2013 | Brief amicus curiae of American Professional Society on the Abuse of Children filed. (Distributed) |
| 11/19/2013 | Brief amici curiae of National Crime Victim Bar Association, et al. filed. (Distributed) |
| 11/19/2013 | Brief amici curiae of Women's and Children's Advocacy Project, and Justice for Children filed. (Distributed) |
| 11/19/2013 | Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed) |
| 11/19/2013 | Motion for leave to file amici brief out of time filed by Professors Adam Lamparello and Charles McClean in support of neither party. (Distributed). |
| 11/20/2013 | Brief amicus curiae of National District Attorneys Association filed. (Distributed) |
| 11/20/2013 | Brief amicus curiae of National Center for Missing and Exploited Children filed. (Distributed) |
| 11/20/2013 | Brief amici curiae of "Vicky" and "Andy" filed. (Distributed) |
| 11/20/2013 | Brief amicus curiae of ECPAT International filed. (Distributed) |
| 11/20/2013 | Brief amici curiae of Domestic Violence Legal Empowerment and Appeals Project, et al. filed. (Distributed) |
| 11/20/2013 | Brief amici curiae of United States Senators Orrin G. Hatch, et al. filed. (Distributed) |
| 11/20/2013 | Brief amicus curiae of Dutch National Rapporteur on Trafficking in Human Beings and Sexual Violence Against Children filed. (Distributed) |
| 11/20/2013 | Brief amicus curiae of National Association to Protect Children filed. (Distributed) |
| 11/20/2013 | Brief amici curiae of Washington, et al. filed. (Distributed) |
| 11/20/2013 | Brief amici curiae of National Crime Victim Law Institute, et al. filed. (Distributed) |
| 11/21/2013 | Motion for divided argument filed by respondent United States. |
| 12/09/2013 | Motion for divided argument filed by respondent GRANTED. |
| 12/09/2013 | Motion for leave to file amici brief filed by Professors Adam Lamparello, and Charles McClean in support of neither party out of time DENIED. |
| 12/12/2013 | Reply of petitioner Doyle Randall Paroline filed. (Distributed) |
| 12/13/2013 | Application (13A612) to extend the time to file the reply brief on the merits of the United States from December 13, 2013 to December 18, 2013, submitted to Justice Scalia. |
| 12/13/2013 | Application (13A612) granted by Justice Scalia extending the time to file until December 18, 2013. |
| 12/18/2013 | Reply of respondent United States filed. (Distributed) |
| 12/18/2013 | Proposal from the Solicitor General to lodge copies of a spreadsheet referenced in their reply brief on the merits. |
| 12/19/2013 | Record received from U.S.C.A. 5th Circuit. The record is electronic and located on PACER. |
| 12/23/2013 | Lodging proposal approved. |
| 12/23/2013 | 20 copies of a spreadsheet lodged by the Solicitor General. |
| 01/22/2014 | Argued. For petitioner: Stanley G. Schneider, Houston, Tex. For respondent United States in support of petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, D. C. For respondent Amy: Paul G. Cassell, Salt Lake City, Utah. |
| 01/29/2014 | Letter from counsel for the petitioner filed. (Distributed) |
| 02/11/2014 | Motion to file a supplemental brief after argument filed by respondent Amy Unknown. |
| 02/19/2014 | Response of United States to respondent Amy Unknown's motion to file a supplemental brief after argument. |
| 02/21/2014 | Motion to file a supplemental brief after argument filed by respondent Amy Unknown GRANTED. The other parties may file supplemental briefs, not to exceed 3,000 words each, addressing the effect of our decision in Burrage v. United States, 571 U.S. __ (2014), on this case, on or before Friday, March 7, 2014 |
| 03/07/2014 | Supplemental brief of respondent United States filed. (Distributed) |
| 03/07/2014 | Supplemental brief of petitioner Doyle Randall Paroline filed. (Distributed) |
| 04/23/2014 | Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined. Sotomayor, J., filed a dissenting opinion. |
| 05/27/2014 | JUDGMENT ISSUED. |
Issue: What, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. Sec. 2259?