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Lisa Price, as Personal Representative of the Estate of Nickie Miller v. Montgomery County, Kentucky, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-6076 · judgment July 5, 2023
Before the decision, about 3.4× 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).
Questions presented
Nickie Miller was wrongly incarcerated for two years for a murder he did not commit. The charges were based on a coerced confession from a woman who later wrote multiple letters admitting that her confession was false. The trial court ordered these exculpatory letters turned over to Miller’s defense team. But the lead prosecutor, Respondent Keith Craycraft, instead instructed the woman to destroy them. The charges were eventually dropped before trial. Miller then sued Respondent for damages under 42 U.S.C. § 1983. In a split decision, the Sixth Circuit held that Respondent was entitled to dismissal on absolute immunity grounds. The questions presented, each of which is the subject of a circuit conflict, are:
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Is absolute immunity unavailable under § 1983 where a prosecutor knowingly destroys exculpatory evidence?
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Is absolute immunity unavailable under § 1983 where a prosecutor defies a court order that compels specific action, leaving no room for the exercise of discretion?
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
Matthew Franklin Kuhn
Office of Attorney General of Kentucky
Argument & decision
Decided July 2, 2024.
Proceedings
- Jul 02 2024Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 17 2024Rescheduled.
- Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
- Jun 10 2024Rescheduled.
- Jun 04 2024Rescheduled.
- Jun 03 2024DISTRIBUTED for Conference of 6/6/2024.
- May 28 2024DISTRIBUTED for Conference of 5/30/2024.
- May 28 2024Rescheduled.
- May 20 2024DISTRIBUTED for Conference of 5/23/2024.
- May 20 2024Rescheduled.
- May 14 2024Rescheduled.
- May 13 2024DISTRIBUTED for Conference of 5/16/2024.
- May 06 2024DISTRIBUTED for Conference of 5/9/2024.
- May 06 2024Rescheduled.
- Apr 22 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 22 2024Rescheduled.
- Apr 16 2024Rescheduled.
- Apr 15 2024DISTRIBUTED for Conference of 4/19/2024.
- Apr 09 2024Rescheduled.
- Apr 08 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 25 2024DISTRIBUTED for Conference of 3/28/2024.
- Mar 25 2024Rescheduled.
- Mar 19 2024Rescheduled.
- Mar 06 2024DISTRIBUTED for Conference of 3/22/2024.
- Mar 04 2024Reply of petitioner Lisa Price, Personal Representative of the Estate of Nickie Miller filed. (Distributed)
- Feb 15 2024Brief of respondent Keith Craycraft in opposition filed.
- Dec 28 2023Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2024, for all respondents.
- Dec 27 2023Motion of Keith Craycraft to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
- Dec 13 2023Petition for a writ of certiorari filed. (Response due January 16, 2024)
- Nov 06 2023Application (23A404) granted by Justice Kavanaugh extending the time to file until December 13, 2023.
- Nov 01 2023Application (23A404) to extend the time to file a petition for a writ of certiorari from November 13, 2023 to December 13, 2023, submitted to Justice Kavanaugh.