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Keith Smith v. City of Chicago, Illinois, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-2725 · judgment June 28, 2021

GVR'd · April 18, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does a claim brought under 42 U.S.C. § 1983 seeking damages for wrongful pre-trial detention caused by the fabrication of evidence accrue upon the favorable termination of criminal proceedings (as the majority of circuits hold) or when the criminal defendant is released on bail pending trial (as the Seventh Circuit held below)?

  2. If the claim accrues before the favorable termination of criminal proceedings, does a pre-trial detainee who is released on bail remain subject to a seizure under the Fourth Amendment when the conditions of bail restrict freedom of travel and require monthly court appearances (as three circuits hold) or do those conditions of bail not implicate the Fourth Amendment (as the Seventh Circuit held below)? (i)

Counsel of record

For petitioner
Joel Alan Flaxman
Law Offices of Kenneth N. Flaxman P.C.

For respondent
Julian N. Henriques Jr.
City of Chicago

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. May 20 2022
    Judgment Issued
  2. Apr 18 2022
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Thompson v. Clark, 596 U. S. ___ (2022).
  3. Apr 11 2022
    DISTRIBUTED for Conference of 4/14/2022.
  4. Mar 09 2022
    DISTRIBUTED for Conference of 3/25/2022.
  5. Mar 08 2022
    Reply of petitioner Keith Smith filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  6. Feb 22 2022
    Brief of respondents City of Chicago and Chicago Police Officers Ranita Michell and Herman Otero in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Jan 14 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2022.
  8. Jan 12 2022
    Motion to extend the time to file a response from January 21, 2022 to February 22, 2022, submitted to The Clerk.
    Main DocumentProof of Service
  9. Dec 22 2021
    Response Requested. (Due January 21, 2022)
  10. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  11. Dec 13 2021
    Waiver of right of respondents City of Chicago, Illinois, et al. to respond filed.
    Main Document
  12. Nov 09 2021
    Petition for a writ of certiorari filed. (Response due December 13, 2021)
    PetitionAppendixCertificate of Word CountProof of Service