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Kenneth Jerome Dawson v. Board of County Commissioners of Jefferson County, Colorado, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 17-1118 · judgment March 9, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 2% cert probability

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

Question presented

The due process clause of the fourteenth amendment has a substantive component that protects individual liberty against arbitrary governmental action regardless of the fairness of the procedure involved. When a legislative provision is alleged to violate substantive due process, the level of judicial scrutiny depends upon the nature of the asserted liberty interest. Infringement of a fundamental right is judged under the “strict scrutiny” standard; infringement of a non-fundamental right is gauged under the “reasonably related” standard. The questions presented here are: When a criminal defendant has posted bond and is entitled to be released from jail subject only to administrative processing, does the defendant’s right to be released implicate a fundamental right of liberty; and has Petitioner stated a claim that the legislatively mandated three-day delay in his release unconstitutionally violated his right of liberty?

Counsel of record

For petitioner
F. Brittin Clayton III
Ryley Carlock & Applewhite

For respondent
Rachel Jane Marilyn Bender
Jefferson County Attorney's Office

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 7, 2019 · Certiorari denied

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 18 2018
    Reply of petitioner Kenneth Jerome Dawson filed. (Distributed)
  3. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  4. Nov 09 2018
    Brief of respondents Board of County Commissioners of Jefferson County, Colorado, et al. in opposition filed.
  5. Aug 28 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2018.
  6. Aug 21 2018
    Motion to extend the time to file a response from September 10, 2018 to November 9, 2018, submitted to The Clerk.
  7. Aug 06 2018
    Petition for a writ of certiorari filed. (Response due September 10, 2018)