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Thomas J. Dart, Sheriff, Cook County, Illinois v. Anthony Mays, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-1792 · judgment September 8, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

In 2015, this Court decided Kingsley v. Hendrickson, 135 S. Ct. 2566 (2015), announcing for the first time that Fourteenth Amendment due process claims alleging excessive force against pretrial detainees must be evaluated under an objective standard. Kingsley is an extension of Bell v. Wolfish, 441 U.S. 520 (1979), which long ago set forth the objective standard to be applied to detainees’ challenges to their conditions of confinement. But circuit courts across the country have misconstrued Kingsley and are deeply divided about whether and how it altered the Bell standard for evaluating jail conditions claims. Accordingly, the question presented here is: Whether Kingsley v. Hendrickson abrogated or modified the standard for evaluating pretrial detainees’ claims challenging their conditions of confinement under the Fourteenth Amendment, as set forth in Bell v. Wolfish.

Counsel of record

For petitioner
Gretchen Harris Sperry
Hinshaw & Culbertson, LLP

For respondent
Sarah Copeland Grady
Loevy & Loevy

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 12 2021
    Reply of petitioner Thomas J. Dart filed. (Distributed)
  3. Jun 30 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Jun 16 2021
    Brief of Anthony Mays, et al. in opposition not accepted for filing. (August 27, 2021)
  5. Jun 11 2021
    Brief of respondents Anthony Mays, et al. in opposition filed.
  6. May 03 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including June 11, 2021.
  7. Apr 30 2021
    Motion to extend the time to file a response from May 14, 2021 to June 11, 2021, submitted to The Clerk.
  8. Mar 31 2021
    Motion to extend the time to file a response is granted and the time is extended to and including May 14, 2021.
  9. Mar 30 2021
    Motion to extend the time to file a response from April 15, 2021 to May 14, 2021, submitted to The Clerk.
  10. Mar 16 2021
    Response Requested. (Due April 15, 2021)
  11. Mar 03 2021
    DISTRIBUTED for Conference of 3/19/2021.
  12. Feb 25 2021
    Waiver of right of respondent Anthony Mays, et al. to respond filed.
  13. Feb 24 2021
    Brief amicus curiae of National Sheriffs' Association filed.
  14. Jan 15 2021
    Petition for a writ of certiorari filed. (Response due February 25, 2021)