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Thomas Perttu v. Kyle Brandon Richards

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1298 · judgment March 19, 2024


Decided · June 18, 2025
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a Sixth Circuit decision below.

Question presented

In cases subject to the Prison Litigation Reform Act, do prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim?

Counsel of record

For petitioner
Ann Maurine Sherman
Michigan Department of Attorney General

For respondent
Lori Alvino McGill
University of Virginia School of Law

Case

Conference history
Distributed for 1 conference

Amicus briefs
6 merits
(3 supporting pet./neither, 3 respondent)

Argument & decision

Argued February 25, 2025 — Ann M. Sherman · Lori Alvino McGill. Audio and transcript

Decided June 18, 2025. Opinion by Roberts, C.J..

Proceedings

  1. Jul 21 2025
    Judgment Issued.
  2. Jun 18 2025
    Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Kavanaugh, JJ., joined.
  3. Feb 25 2025
    Argued. For petitioner: Ann M. Sherman, Solicitor General, Lansing, Mich. For respondent: Lori Alvino McGill, Charlottesville, Va.
  4. Feb 13 2025
    Reply of petitioner Thomas Perttu filed. (Distributed)
  5. Jan 21 2025
    Brief amici curiae of Law Processors filed. (Distributed)
  6. Jan 21 2025
    Brief amicus curiae of Cato Institute filed. (Distributed)
  7. Jan 21 2025
    Brief amici curiae of The American Civil Liberties Union, et al. filed. (Distributed)
  8. Jan 14 2025
    Brief of respondent Kyle Richards filed. (Distributed)
  9. Jan 13 2025
    CIRCULATED
  10. Dec 09 2024
    Brief amici curiae of Ohio, et al. filed.
  11. Dec 06 2024
    Record received electronically from the United States Court of Appeals for the Sixth Circuit and available with the Clerk.
  12. Dec 06 2024
    Brief amici curiae of The International Municipal Lawyers Association, et al. filed.
  13. Dec 03 2024
    Amicus brief of National Sheriffs’ Association and Michigan Sheriffs’ Association not accepted for filing. (December 12, 2024)
  14. Dec 03 2024
    Brief amici curiae of National Sheriffs’ Association and Michigan Sheriffs’ Association filed (Corrected brief and PDF).
  15. Dec 02 2024
    Brief of petitioner Thomas Perttu filed.
  16. Dec 02 2024
    Joint appendix filed. (Statement of cost received.)
  17. Nov 27 2024
    Record requested from the United States Court of Appeals for the Sixth Circuit.
  18. Nov 22 2024
    SET FOR ARGUMENT on Tuesday, February 25, 2025.
  19. Nov 06 2024
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 2, 2024. The time to file respondent's brief on the merits is extended to and including January 14, 2025.
  20. Nov 04 2024
    Motion for an extension of time filed.
  21. Oct 04 2024
    Petition GRANTED.
  22. Sep 04 2024
    DISTRIBUTED for Conference of 9/30/2024.
  23. Aug 30 2024
    Reply of petitioner Thomas Perttu filed. (Distributed)
  24. Aug 19 2024
    Brief of respondent Kyle Richards in opposition filed.
  25. Jul 08 2024
    Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2024.
  26. Jul 05 2024
    Motion to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk.
  27. Jun 17 2024
    Petition for a writ of certiorari filed. (Response due July 22, 2024)