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Seantrey Morris v. Joseph Mekdessie, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-30705 · judgment April 26, 2019


Certiorari denied · January 13, 2020
Pre-decision estimate: 9% cert probability (95% interval 6%–12%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

This Court held in Heck v. Humphrey that a plaintiff cannot bring a § 1983 claim based on “actions whose unlawfulness would render a [prior] conviction or sentence invalid” unless he can “prove that the conviction or sentence has been reversed” or otherwise invalidated. 512 U.S. 477, 486-87 (1994). A contrary rule, the Court explained, “‘would permit a collateral attack on the conviction through the vehicle of a civil suit.’” Id. at 484 (citations omitted). The question presented, on which six courts of appeals are expressly and evenly divided, is whether Heck may properly be extended to bar the claims of a plaintiff who was never convicted or sentenced at all because his criminal charges were dismissed through a pretrial diversion program.

Counsel of record

For petitioner
Eric Alan Shumsky
Orrick, Herrington & Sutcliffe LLP

For respondent
Clifford Warren Berlow
Jenner & Block LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
19A14

Proceedings

  1. Jan 13 2020
    Motion for leave to file amicus brief filed by TASC, Inc. (Treatment Alternatives for Safe Communities) GRANTED.
  2. Jan 13 2020
    Petition DENIED.
  3. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  4. Dec 20 2019
    Reply of petitioner Seantrey Morris filed.
  5. Dec 11 2019
    Brief of respondents Joseph Mekdessie, et al. in opposition filed.
  6. Nov 19 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 11, 2019.
  7. Nov 12 2019
    Motion to extend the time to file a response from November 18, 2019 to December 11, 2019, submitted to The Clerk.
  8. Oct 17 2019
    Response Requested. (Due November 18, 2019)
  9. Oct 16 2019
    DISTRIBUTED for Conference of 11/1/2019.
  10. Sep 30 2019
    Motion for leave to file amicus brief filed by TASC, Inc. (Treatment Alternatives for Safe Communities).
  11. Aug 26 2019
    Petition for a writ of certiorari filed. (Response due September 30, 2019)
  12. Jul 01 2019
    Application (19A14) granted by Justice Alito extending the time to file until August 26, 2019.
  13. Jun 27 2019
    Application (19A14) to extend the time to file a petition for a writ of certiorari from July 25, 2019 to August 26, 2019, submitted to Justice Alito.