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Hjalmar Rodriguez, Jr. v. Edward H. Burnside, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-11218 · judgment June 30, 2022


Certiorari denied · April 24, 2023
Pre-decision estimate: 7% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.

Question presented

In Turner v. Safley, 482 U.S. 78, 89 (1987), this Court held that “when a prison regulation impinges on inmates’ constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests.” Under Turner, “the existence of obvious, easy alternatives” to a challenged prison policy “may be evidence that the regulation is not reasonable.” Id. at 90. In particular, if a plaintiff “can point to an alternative that fully accommodates the prisoner’s rights at de minimis cost to valid penological interest[s],” the challenged regulation may fail to satisfy the reasonable relationship standard. Id. at 91. The question presented is: Whether, under Turner, a court may only consider proposed alternatives to a challenged policy that would apply on a prison-wide scale, or whether a court may also consider a more narrow alternative that would need only apply to the individual plaintiff. (I)

Counsel of record

For petitioner
Jeremy Charles Marwell
Vinson & Elkins LLP

For respondent
Stephen John Petrany
Georgia Department of Law

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Linked docket
22A377

Proceedings

  1. Apr 24 2023
    Petition DENIED.
  2. Apr 05 2023
    DISTRIBUTED for Conference of 4/21/2023.
  3. Apr 04 2023
    Reply of petitioner Hjalmar Rodriguez, Jr. filed. (Distributed)
  4. Mar 20 2023
    Brief of respondents Edward H. Burnside, et al. in opposition filed.
  5. Feb 17 2023
    Brief amici curiae of Rutherford Institute, et al. filed.
  6. Feb 15 2023
    Brief amicus curiae of Council on American-Islamic Relations filed.
  7. Feb 15 2023
    Brief amici curiae of Muslim Advocates, et al. filed.
  8. Jan 27 2023
    Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2023.
  9. Jan 26 2023
    Motion to extend the time to file a response from February 17, 2023 to March 20, 2023, submitted to The Clerk.
  10. Jan 18 2023
    DISTRIBUTED for Conference of 2/17/2023.
  11. Jan 18 2023
    Response Requested. (Due February 17, 2023)
  12. Jan 12 2023
    Waiver of right of respondent Edward H. Burnside, et al. to respond filed.
  13. Dec 22 2022
    Petition for a writ of certiorari filed. (Response due January 26, 2023)
  14. Nov 02 2022
    Application (22A377) granted by Justice Thomas extending the time to file until December 22, 2022.
  15. Oct 31 2022
    Application (22A377) to extend the time to file a petition for a writ of certiorari from November 22, 2022 to January 20, 2023, submitted to Justice Thomas.