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Bruce Walker v. Estate of Ryan L. Clark

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-3560, 16-3644 · judgment July 26, 2017


Certiorari denied · March 19, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Seventh Circuit upheld the denial of qualified immunity to a Green Lake County jail officer on a claim that, in the context of initially booking an inmate into the jail, he violated the constitutional rights of the inmate, who later committed suicide. In determining whether the right in question was “clearly established,” the court of appeals thought it sufficient that there is a right under the Eighth Amendment to be free from deliberate indifference to a risk of suicide. The case presents two questions:

  1. Whether the court of appeals defined the constitutional right in question at too high a level of generality, contrary to this Court’s teachings on qualified immunity?

  2. Whether the court of appeals correctly held that Johnson v. Jones, 515 U.S. 304 (1995), precluded its consideration of aspects of petitioner’s appeal from the denial of qualified immunity? (i)

Counsel of record

For petitioner
Andrew Alston Jones
Hansen Reynolds LLC

For respondent
Jeff Scott Olson
The Jeff Scott Olson Law Firm, S. C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 28 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 27 2018
    Reply of petitioner Bruce Walker filed.
  4. Feb 14 2018
    Brief of respondent Estate of Ryan L. Clark in opposition filed.
  5. Jan 18 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 16, 2018.
  6. Jan 17 2018
    Motion of Estate of Ryan L. Clark for an extension of time not accepted for filing. (January 18, 2018)
  7. Jan 11 2018
    Motion to extend the time to file a response from January 17, 2018 to February 16, 2018, submitted to The Clerk.
  8. Dec 15 2017
    Petition for a writ of certiorari filed. (Response due January 17, 2018)