Supreme Court of the United States · Official docket →
Nevada Department of Corrections, et al. v. Philip Roy Galanti
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-17332 · judgment April 25, 2023
Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition.
Question presented
Under Heck v. Humphrey, 512 U.S. 477 (1994), a plaintiff asserting a claim under 42 U.S.C. § 1983 that questions the validity of his conviction or the duration of his sentence must show that “the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus” – the favorable-termination rule. Id. at 486-87. The question presented is: Is there an exception to the favorable-termination rule for plaintiffs who are no longer in custody, as six courts of appeals have held, or must an ex-prisoner plaintiff still satisfy the favorable-termination rule, as five courts of appeals have held?
Counsel of record
For petitioner
Heidi Jill Parry Stern
Office of the Nevada Attorney General
For respondent
Leah Linda Spero
UC Law Appellate Project
Proceedings
- Dec 11 2023Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Dec 11 2023Petition DENIED.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 08 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 03 2023Reply of petitioners Nevada Department of Corrections, et al. filed.
- Oct 19 2023Brief of respondent Philip Roy Galanti in opposition filed.
- Oct 19 2023Motion for leave to proceed in forma pauperis filed by respondent Philip Roy Galanti.
- Sep 11 2023Motion to extend the time to file a response is granted and the time is extended to and including October 30, 2023.
- Sep 07 2023Motion to extend the time to file a response from September 28, 2023 to October 30, 2023, submitted to The Clerk.
- Aug 23 2023Petition for a writ of certiorari filed. (Response due September 28, 2023)
- Jul 27 2023Application (23A74) granted by Justice Kagan extending the time to file until August 23, 2023.
- Jul 14 2023Application (23A74) to extend the time to file a petition for a writ of certiorari from July 24, 2023 to August 23, 2023, submitted to Justice Kagan.