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Daniel James Altstatt v. City of Sacramento, California

Paid petition · Court of Appeal of California, Third Appellate District, No. C092141 · judgment May 18, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 1% cert probability

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

Question presented

Following the Court’s ruling in Timbs v. Indiana, 139 S. Ct. 682 (2019), which held that the Excessive Fines Clause of the Eighth Amendment is incorporated against the states via the Fourteenth Amendment, does a state court err by failing to apply any of the factors set out in United States v. Bajakajian, 524 U.S. 321 (1998) in evaluating whether a civil penalty is unconstitutionally excessive?

Counsel of record

For petitioner
Thomas Quaid Swanson
Hilgers Graben PLLC

For respondent
Matthew David Ruyak
CIty of Sacramento, City Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Feb 01 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Feb 01 2023
    Reply of petitioner Daniel James Altstatt filed. (Distributed)
  4. Jan 17 2023
    Brief of respondent City of Sacramento, California in opposition filed.
  5. Dec 09 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 18, 2023.
  6. Dec 08 2022
    Motion to extend the time to file a response from December 19, 2022 to January 18, 2023, submitted to The Clerk.
  7. Nov 15 2022
    Petition for a writ of certiorari filed. (Response due December 19, 2022)