by Kent Scheidegger · Nov 2, 2020 8:18 am
The U.S. Supreme Court released two summary opinions today. One case involves a suit by a prisoner against corrections officers. A second is a suit by a police officer is against a protest organizer for violence by a protester. Both cases were sent back for further consideration. This post addresses the prison case. Continue reading . . .
by Kent Scheidegger · Jul 8, 2020 5:01 pm
Senator Tim Scott is talking with Democrats about ways to revive his police reform bill, Justine Coleman reports for The Hill. One point where Sen. Scott might work out a compromise is on civil remedies for violations of federal rights.
by Kent Scheidegger · Jun 8, 2020 8:13 am
Today in Lomax v. Ortiz-Marquez, No. 18-8369, the U.S. Supreme Court unanimously decided that a statute means exactly what it clearly says. One might well wonder why it is necessary to have the Supreme Court weigh in on such an obvious question, but two courts of appeals had decided it the other way. Justice Kagan’s opinion for the Court states the issue:
To help staunch a “flood of nonmeritorious” prisoner litigation, the Prison Litigation Reform Act of 1995 (PLRA) established what has become known as the three-strikes rule…. That rule generally prevents a prisoner from bringing suit in forma pauperis (IFP)—that is, without first paying the filing fee—if he has had three or more prior suits “dismissed on the grounds that [they were] frivolous, malicious, or fail[ed] to state a claim upon which relief may be granted.” … Today we address whether a suit dismissed for failure to state a claim counts as a strike when the dismissal was without prejudice.
by Kent Scheidegger · Apr 5, 2020 5:49 pm
As noted here on March 26, the inmates in California’s endless prison lawsuit asked the special three-judge district court for a release order, framing their request as a modification of the prior order. Friday evening, the court denied the motion. They didn’t buy the argument that this was a modification. The inmates are seeking a new release order, and they have to begin at the beginning, through the process mandated by the Prison Litigation Reform Act. Continue reading . . .
by Kent Scheidegger · Mar 30, 2020 9:43 am
It was a quiet morning in the U.S. Supreme Court, as the Court decided one civil case on liability for an oil spill and took up one case involving civil suits against federal law enforcement officers. Continue reading . . .
by Kym Stapleton · Feb 25, 2020 3:50 pm
Today the U.S. Supreme Court held in Hernandez v. Mesa that the parents (citizens of Mexico) of a teenager (also a citizen of Mexico) who was shot and killed by a U.S. Border Patrol Agent on the Mexican side of the U.S.-Mexico border are prohibited from suing the agent for damages under the U.S. Constitution.
CJLF originally joined the case in 2017 to encourage a decision denying the lawsuit. We argued that in a case involving relations between the U.S. and a foreign country, the judicial branch should not step in but should leave the matter to Congress. CJLF’s amicus curiae brief in that case (Hernandez I) is available here.
by Kent Scheidegger · Jan 27, 2020 2:19 pm
Justice Gorsuch concurred in today’s Supreme Court order regarding the “public charge” rule for immigration, writing an opinion discussing the broader problem of nationwide injunctions. And he managed to work in a Lord of the Rings allusion. Nice touch.
Continue reading . . .
by Kent Scheidegger · Jan 17, 2020 5:27 pm
The U.S. Supreme Court took up three sets of cases after its Friday conference. None of them are criminal or related cases. Amy Howe has a report on them. One of them may shed new light on the recurring and difficult problem of “standing,” i.e., who can appear in court to challenge or defend a law. This is a long-standing (no pun intended) problem in victims’ rights. When can victims of crime step up when government officials should but do not?
SUBSCRIBE TO OUR FEED