Supreme Court Report

Supreme Court of the United States · Official docket →

Terrence Hill v. City of Jackson, Michigan, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-1386 · judgment October 22, 2018

Certiorari denied · November 4, 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.

Questions presented

  1. Mullane v. Central Hanover Bank requires the government provide the owner “notice and opportunity for hearing appropriate to the nature of the case,” using means that “one desirous of actually informing the absentee might reasonably adopt.” 339 U.S. 306, 314, 315 (1950). Jones v. Flowers requires the government to take additional steps to notify a property owner when notice is undelivered. 547 U.S. 264, 269 (2006). Petitioner Terrence Hill bought a home from Jackson County, at an auction. The City of Jackson and Jackson County never delivered years-old demolition notices to Terrence Hill before tearing down Hill’s home. The City demolished Hill’s home, knowing the County’s policy and practice of

  2. ignoring prior demolition notices and (2) not disclosing those notices to the citizens the County sold the property to. Does due process require the City of Jackson and Jackson County to provide notice and opportunity for hearing appropriate to the nature of the case?

  3. Parratt v. Taylor, 451 U.S. 527 (1981), does not apply to deprivations of property allegedly not due to random and unauthorized acts. “In situations where the State feasibly can provide a predeprivation hearing before taking property, it generally must do so regardless of the adequacy of a postdeprivation tort remedy to compensate for the taking.” Zinermon v. Burch, 494 U.S. 113, 132

  4. (citing Loudermill, 470 U.S. at 542; Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 18 (1978); Fuentes, 407 U.S. at 80-84; Goldberg, 397 U.S. at 264). The City demolished Hill’s home, knowing the County’s policy and practice of (1) ignoring prior demolition notices and (2) not disclosing those notices to the citizens the County sold

Counsel of record

For petitioner
John H. DeYampert Jr.
The Deyampert Law Company, PLLC

For respondent
Julie McCann O'Connor
O'Connor DeGrazia & Tamm, P.C.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 04 2019
    Petition DENIED.
  2. Oct 09 2019
    DISTRIBUTED for Conference of 11/1/2019.
  3. Sep 19 2019
    Brief of respondent County of Jackson, Michigan in opposition filed.
  4. Sep 13 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including September 25, 2019.
  5. Sep 11 2019
    Motion to extend the time to file a response from June 28, 2019 to September 25, 2019, submitted to The Clerk.
  6. Jun 21 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including June 28, 2019.
  7. Jun 19 2019
    Motion to extend the time to file a response from June 6, 2019 to June 28, 2019, submitted to The Clerk.
  8. Jun 03 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including June 6, 2019.
  9. May 28 2019
    Motion to extend the time to file a response from May 28, 2019 to June 6, 2019, submitted to The Clerk.
  10. May 02 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including May 28, 2019.
  11. Apr 29 2019
    Motion to extend the time to file a response from April 29, 2019 to May 27, 2019, submitted to The Clerk.
  12. Apr 05 2019
    Brief of respondent City of Jackson, Michigan in opposition filed.
  13. Apr 04 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including April 29, 2019, for all respondents.
  14. Mar 29 2019
    Motion to extend the time to file a response from March 29, 2019 to April 29, 2019, submitted to The Clerk.
  15. Mar 15 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2019.
  16. Mar 12 2019
    Motion to extend the time to file a response from March 29, 2019 to April 5, 2019, submitted to The Clerk.
  17. Feb 27 2019
    Response Requested. (Due March 29, 2019)
  18. Feb 13 2019
    DISTRIBUTED for Conference of 3/1/2019.
  19. Feb 07 2019
    Waiver of right of respondent County of Jackson to respond filed.
  20. Jan 30 2019
    Waiver of right of respondent City of Jackson to respond filed.
  21. Jan 22 2019
    Petition for a writ of certiorari filed. (Response due February 25, 2019)