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 |
|---|---|
| 07/06/2015 | Petition for a writ of certiorari filed. (Response due August 7, 2015) |
| 07/20/2015 | Waiver of right of respondents Harold W. Clarke, Director, Virginia Department of Corrections, et al. to respond filed. |
| 07/22/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 08/05/2015 | DISTRIBUTED for Conference of September 28, 2015. |
| 08/05/2015 | Brief amici curiae of Professors and Practitioners of Psychiatry and Psychology filed. |
| 08/06/2015 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 08/07/2015 | Brief amicus curiae of Corrections Experts filed. |
| 08/10/2015 | Response Requested . (Due September 9, 2015) |
| 09/09/2015 | Motion for leave to intervene filed by Mark Eric Lawlor. |
| 09/09/2015 | Brief of respondents Harold W. Clarke, Director, Virginia Department of Corrections, et al. in opposition filed. |
| 09/18/2015 | Reply of petitioner Alfredo Prieto filed. |
| 09/21/2015 | Opposition to motion of respondents Harold W. Clarke, Director, Virginia Department of Corrections, et al. filed. (Distributed) |
| 09/23/2015 | DISTRIBUTED for Conference of October 9, 2015. |
| 10/02/2015 | Supplement to motion for leave to intervene filed by Mark Eric Lawlor. (Distributed) |
| 10/13/2015 | Motion for leave to intervene filed by petitioner DENIED. |
| 10/13/2015 | Petition for a writ of certiorari DISMISSED AS MOOT. |