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Peralta v. Dillard

Certiorari Denied

Petition for certiorari denied on January 12, 2015.

Docket No.14-328
Op. Below9th Cir.

Issue

(1) Whether prison officials sued under 42 U.S.C. § 1983 for violating the Eighth Amendment may evade a finding of deliberate indifference by raising the defense that state-imposed budgetary constraints prevented the provision of constitutionally adequate medical care; and (2) whether the Eighth Amendment supports a distinction between the subjective element required for a finding of deliberate indifference in a claim for injunctive relief, and that required for an award of damages.

Proceedings & orders timeline

Aug 13, 2013
Application (14A189) to extend the time to file a petition for a writ of certiorari from August 28, 2014 to September 25, 2014, submitted to Justice Kennedy.
Aug 14, 2014
Application (14A189) granted by Justice Kennedy extending the time to file until September 25, 2014.
Sep 19, 2014
Petition for a writ of certiorari filed. (Response due October 22, 2014)
Sep 23, 2014
Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner.
Oct 2, 2014
Order extending time to file response to petition to and including November 26, 2014.
Nov 25, 2014
Brief of respondents T. C. Dillard, and Sheldon Brooks. in opposition filed.
Dec 9, 2014
Reply of petitioner Cion Adonis Peralta filed. (Distributed)
Dec 10, 2014
DISTRIBUTED for Conference of January 9, 2015.
Jan 12, 2015
Petition DENIED.

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