Supreme Court Report

Supreme Court of the United States · Official docket →

Corey Lamar Smith, et al. v. Arnold Schwarzenegger, former Governor of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-16145, 15-17076, 15-17155 · judgment February 1, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Did the Ninth Circuit misapply the clearly established test’s generality principles by analyzing the issue so specifically as to create a logical absurdity relative to principles of Helling v. McKinney?

  2. Did the Ninth Circuit err in applying qualified immunity by misunderstanding the applicable incident rate statistics, which drives the quantum of danger?

  3. Can state officials be relieved of responsibility because the California Plata health care Receiver allegedly did not order them to take more robust precautions?

Counsel of record

For petitioner
Corey Lamar Smith

For respondent
Jon Scott Allin
California Department of Justice, Office of the At

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 26 2019
    Supplemental brief of petitioner Corey Lamar Smith, et al. filed. (Distributed)
  3. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  4. Jul 22 2019
    Waiver of right of respondents Edmund G. Brown, et al. to respond filed.
  5. Jun 24 2019
    Petition for a writ of certiorari filed. (Response due July 29, 2019)