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City of New York v. Newton

Certiorari Denied

Petition for certiorari denied on January 11, 2016.

Docket No.15-308
Op. Below2d Cir.

Issue

(1) Whether a convicted prisoner can bring a " 1983 damages claim for deprivation of liberty - based on state DNA evidence-access procedures not mandated by the Constitution - when the same prisoner would have no due process right to habeas or actual release from prison due to alleged negligence in storing evidence; and (2) whether a municipality may be held liable under Monell v. Department of Social Services for negligent actions of line-level municipal employees in misfiling information necessary for the tracking and retrieval of evidence from a concluded criminal prosecution that would later prove exculpatory.

Proceedings & orders timeline

Jul 27, 2015
Application (15A124) to extend the time to file a petition for a writ of certiorari from August 9, 2015 to September 9, 2015, submitted to Justice Ginsburg.
Jul 29, 2015
Application (15A124) granted by Justice Ginsburg extending the time to file until September 9, 2015.
Sep 9, 2015
Petition for a writ of certiorari filed. (Response due October 13, 2015)
Oct 5, 2015
Order extending time to file response to petition to and including November 12, 2015.
Nov 3, 2015
Order further extending time to file response to petition to and including December 3, 2015.
Dec 3, 2015
Brief of respondent Alan Newton in opposition filed.
Dec 18, 2015
Reply of petitioner City of New York, New York filed.
Dec 22, 2015
DISTRIBUTED for Conference of January 8, 2016.
Jan 11, 2016
Petition DENIED.

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