Supreme Court of the United States · Official docket →
Angel Ortiz v. Dennis Breslin, Superintendent, Queensboro Correctional Facility, et al.
IFP petition · Court of Appeals of New York, No. 75 · judgment November 23, 2020
Questions presented
This Court has established that the liberty interests of parolees, albeit not unfettered, is protected by Due Process, Morrissey v. Brewer, 408 U.S. 471, 481- 82 (1972); that their liberty and freedom should be “very different” from prison, id.; and that it would be “fundamentally unfair” to “automatically” revoke parolees’ liberty based on failure to pay a fine “through no fault” of their own. Bearden v. Georgia, 461 U.S. 660, 669 (1983). Yet, in New York, indigent individuals granted release after serving sentences for sex offense convictions are kept in prison based on housing restrictions they can never hope to satisfy except through homeless shelter placement. New York City is legally obligated to provide such compliant shelter, but the State keeps these individuals incarcerated during their terms of supervision because of claimed, yet unsubstantiated, doubts that the City will live up to its obligations. Indeed, petitioner spent 25 months of his “community” supervision behind bars due to his homelessness—akin to a cruel and unusual punishment on the basis of “status” or “chronic condition.” Robinson v. California, 370 U.S. 660, 666 (1962). The questions presented are:
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Does the Fourteenth Amendment prohibit prison authorities from indefinitely detaining supervisees based on an assumption that a municipality will not provide legally-mandated compliant housing?
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Does the Eighth Amendment bar prison authorities from extending incarceration for individuals based on their homelessness and indigence?
Counsel of record
For petitioner
Lawrence T. Hausman
The Legal Aid Society
For respondent
Barbara Dale Underwood
Solicitor General
Case
Conference history
Distributed for 14 conferences
Amicus briefs
1 cert-stage
Argument & decision
Decided February 22, 2022.
Proceedings
- Feb 22 2022Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
- Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 18 2022Rescheduled.
- Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
- Jan 10 2022Rescheduled.
- Jan 04 2022Rescheduled.
- Jan 03 2022DISTRIBUTED for Conference of 1/7/2022.
- Dec 06 2021DISTRIBUTED for Conference of 12/10/2021.
- Dec 06 2021Rescheduled.
- Nov 29 2021DISTRIBUTED for Conference of 12/3/2021.
- Nov 29 2021Rescheduled.
- Nov 15 2021DISTRIBUTED for Conference of 11/19/2021.
- Nov 15 2021Rescheduled.
- Nov 09 2021Rescheduled.
- Nov 08 2021DISTRIBUTED for Conference of 11/12/2021.
- Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
- Nov 01 2021Rescheduled.
- Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 25 2021Rescheduled.
- Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
- Oct 12 2021Rescheduled.
- Oct 05 2021Rescheduled.
- Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
- Sep 03 2021Rescheduled.
- Aug 12 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 10 2021Reply of petitioner Angel Ortiz filed. (Distributed)
- Jul 28 2021Brief of respondents Dennis Breslin, et al. in opposition filed.
- Jun 15 2021Motion to extend the time to file a response is granted and the time is extended to and including July 28, 2021.
- Jun 14 2021Motion to extend the time to file a response from June 28, 2021 to July 28, 2021, submitted to The Clerk.
- May 28 2021Response Requested. (Due June 28, 2021)
- May 20 2021Brief amicus curiae of Restorative Action Alliance, Inc. filed. (Distributed)
- May 19 2021DISTRIBUTED for Conference of 6/3/2021.
- May 17 2021Waiver of right of respondent Dennis Breslin, et al. to respond filed.
- Apr 22 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2021)