Supreme Court of the United States · Official docket →
S. B., on Behalf of Her Minor Daughter, S. B. v. Jefferson Parish School Board, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-30139 · judgment May 30, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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Is unconstitutionally excessive corporal punishment by a public-school employee cognizable under § 1983 (as nine circuits hold), or is it not (as only the Fifth Circuit holds)?
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Should an excessive corporal punishment claim against a public-school employee proceed under the Fourteenth Amendment’s shocks-the-conscience standard (as the Second, Third, Fourth, Sixth, Eighth, Tenth, and Eleventh Circuits hold) or the Fourth Amendment’s unreasonable-seizure standard (as the Seventh and Ninth Circuits hold)?
Counsel of record
For petitioner
Jaba Tsitsuashvili
Institute for Justice
For respondent
Randall L. Kleinman
Law Offices of Randall L. Kleinman, LLC
Proceedings
- Jan 08 2024Petition DENIED.
- Dec 06 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 05 2023Reply of petitioner S.B., on behalf of her minor daughter, S.B. filed. (Distributed)
- Nov 22 2023Brief of respondents Jefferson Parish School Board, et al. in opposition filed.
- Nov 21 2023Brief amici curiae of Professor Sarah A. Font, et al. filed.
- Oct 24 2023Petition for a writ of certiorari filed. (Response due November 27, 2023)
- Sep 08 2023Application (23A220) granted by Justice Alito extending the time to file until October 24, 2023.
- Sep 05 2023Application (23A220) to extend the time to file a petition for a writ of certiorari from September 24, 2023 to November 23, 2023, submitted to Justice Alito.