Supreme Court of the United States · Official docket →
Dennis Wayne Hope v. Todd Harris, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-40379 · judgment June 18, 2021
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
I. Dennis Wayne Hope has been in solitary confinement since 1994—for 27 years (and counting). The court below in a 2-1 opinion, over a dissent by Judge Haynes, held that solitary confinement cannot violate the Eighth Amendment, no matter how long it is imposed for, its impact on a prisoner’s mental and physical health, or the rationale for imposing it. The first question presented is: Whether decades of solitary confinement can, under some circumstances, violate the Eighth Amendment, as at least five circuits have held, or whether solitary confinement can never run afoul of the Eighth Amendment, as the court below and three other circuits have held. II. Mr. Hope alleges that the regular “reviews” of his isolation are sham proceedings, where officials sign off on his continuing isolation without even bothering to review his file. The court below held— again, 2-1—that those proceedings comply with the Due Process Clause. The second question presented is: Whether the Due Process Clause requires hearings where prison officials are open to the possibility of a different outcome, as at least seven circuits have held, or whether a hearing that rubber-stamps a prisoner’s placement suffices, as the court below held.
Counsel of record
For petitioner
Easha Anand
Roderick & Solange MacArthur Justice Center
For respondent
Judd Edward Stone II
Texas Attorney General's Office
Proceedings
- Apr 17 2023Petition DENIED.
- Mar 22 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 14 2023Letter of petitioner Dennis Wayne Hope received.
- Mar 10 2023Joint letter from counsel for the parties requesting the Court to resume consideration of the petition filed.
- Jun 09 2022Rescheduled.
- Jun 08 2022Letter from counsel for respondents filed.
- Jun 08 2022Joint motion to hold petition for a writ of certiorari in abeyance filed.
- May 24 2022DISTRIBUTED for Conference of 6/9/2022.
- May 24 2022Reply of petitioner Dennis Wayne Hope filed. (Distributed)
- May 09 2022Brief of respondents Todd Harris, et al. in opposition filed.
- Mar 02 2022Motion to extend the time to file a response is granted and the time is extended to and including May 9, 2022.
- Mar 01 2022Motion to extend the time to file a response from March 25, 2022 to May 9, 2022, submitted to The Clerk.
- Feb 23 2022Response Requested. (Due March 25, 2022)
- Feb 21 2022Brief amici curiae of Former Corrections Directors filed.
- Feb 18 2022Brief amici curiae of Professors and Practitioners of Psychiatry, Psychology, and Medicine filed. (Distributed)
- Feb 16 2022DISTRIBUTED for Conference of 3/4/2022.
- Feb 15 2022Brief amici curiae of Current and Former Prosecutors and Department of Justice Officials filed. (Distributed)
- Feb 14 2022Brief amicus curiae of Professor John F. Stinneford filed. (Distributed)
- Feb 09 2022Waiver of right of respondent Todd Harris, et al. to respond filed.
- Jan 28 2022Petition for a writ of certiorari filed. (Response due March 3, 2022)
- Nov 29 2021Application (21A171) granted by Justice Alito extending the time to file until January 28, 2022.
- Nov 19 2021Application (21A171) to extend the time to file a petition for a writ of certiorari from November 30, 2021 to January 28, 2022, submitted to Justice Alito.