Supreme Court of the United States · Official docket →
Pleasant View Baptist Church, et al. v. Andrew Beshear
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-6028 · judgment August 14, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.
Questions presented
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Whether qualified immunity applies to a state actor who, despite multiple circuit court decisions directing him not to burden religious activities more than secular activities where the risks of COVID-19 transmission are comparable for both, continues to violate the Free Exercise Clause by burdening religious activities more than secular activities where the risks of COVID-19 transmission are comparable for both?
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Whether this Court should overrule, or at least modify, its prior cases concerning the defense of qualified immunity, at least as applied to a state actor who has the benefit of forethought and premeditation, where the defense is contrary to the plain text of 42 U.S.C. § 1983?
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Whether qualified immunity is an affirmative defense with the burden of proof on the party raising it, or whether a plaintiff has the burden of disproving the defense?
Counsel of record
For petitioner
Thomas B. Bruns
Bruns, Connell, Vollmar & Armstrong, LLC
For respondent
Taylor Allen Payne
Office of the Governor of Kentucky
Proceedings
- Apr 15 2024Petition DENIED.
- Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 15 2024Waiver of right of respondent Andy Beshear to respond filed.
- Feb 20 2024Petition for a writ of certiorari filed. (Response due March 25, 2024)
- Nov 28 2023Application (23A481) granted by Justice Kavanaugh extending the time to file until February 20, 2024.
- Nov 22 2023Application (23A481) to extend the time to file a petition for a writ of certiorari from January 1, 2024 to February 20, 2024, submitted to Justice Kavanaugh.