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Dana Gallop v. Adult Correctional Institutions, et al.

Paid petition · Supreme Court of Rhode Island, No. 2018-246 · judgment November 14, 2019


Certiorari denied · March 9, 2020
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

I. Does Rhode Island’s Civil Death Statute, G.L. 1956 § 13-6-1, violate the Supremacy Clause of the United States Constitution, where it is derived from laws that were used to socially exclude and politically disenfranchise African-Americans after the Civil War, and (1) is being applied to deny Petitioner, serving a life term of imprisonment, the right to file a civil claim in court, contrary to the intent of 42 U.S.C. 1983; and where (2) every United States court faced with this issue has found the civil death statute unconstitutional— and was this issue waived where it was properly raised at each level below?

Counsel of record

For petitioner
Ronald Joseph Resmini

For respondent
Michael W. Field
Department of Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 09 2020
    Petition DENIED.
  2. Feb 19 2020
    DISTRIBUTED for Conference of 3/6/2020.
  3. Feb 14 2020
    Waiver of right of respondents Adult Correctional Institute, et al. to respond filed.
  4. Feb 12 2020
    Petition for a writ of certiorari filed. (Response due March 16, 2020)