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Tony Love v. Ron Neal, Warden

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2406 · judgment July 7, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 8% cert probability (95% interval 5%–14%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Whether courts should determine the procedural due process protections that apply in prison disciplinary proceedings by balancing ordinary due process principles against a prison’s penological needs under the test this Court established in Wolff v. McDonnell, 418 U.S. 539 (1974), and Superintendent v. Hill, 472 U.S. 445 (1985), as the Second, Sixth, Eighth, Ninth, and Tenth Circuits hold, or whether courts should instead recognize only those rights recognized in Wolff and Hill, as the Seventh Circuit held below.

Counsel of record

For petitioner
Parker Andrew Rider-Longmaid
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
James Allen Barta
Office of the Indiana Attorney General

Case

Conference history
Distributed for 2 conferences

Linked docket
23A584

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 31 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jul 31 2024
    Reply of petitioner Tony Love filed. (Distributed)
  4. Jul 16 2024
    Brief of respondent Ron Neal in opposition filed.
  5. Apr 24 2024
    Motion to extend the time to file a response is granted and the time is extended to and including July 16, 2024.
  6. Apr 23 2024
    Motion to extend the time to file a response from May 17, 2024 to July 16, 2024, submitted to The Clerk.
  7. Apr 17 2024
    Response Requested. (Due May 17, 2024)
  8. Apr 10 2024
    DISTRIBUTED for Conference of 4/26/2024.
  9. Apr 05 2024
    Waiver of right of respondent Ron Neal to respond filed.
  10. Mar 15 2024
    Petition for a writ of certiorari filed. (Response due April 18, 2024)
  11. Jan 02 2024
    Application (23A584) granted by Justice Barrett extending the time to file until March 15, 2024.
  12. Dec 22 2023
    Application (23A584) to extend the time to file a petition for a writ of certiorari from January 15, 2024 to March 15, 2024, submitted to Justice Barrett.