Supreme Court of the United States · Official docket →
J. W., et al. v. Elvin Paley
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-20671 · judgment August 28, 2023
Before the decision, about 2.1× 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.
Question presented
The question presented is whether a claim that a school official has used excessive force against a student that meets the definition of a Fourth Amendment seizure should be evaluated under the Fourth Amendment’s objective reasonableness standard or the Fourteenth Amendment’s shocks-the-conscience standard.
Counsel of record
For petitioner
Elizabeth Rachel Cruikshank
lnstitute for Constitutional Advocacy & Protection
For respondent
Christopher Blewer Gilbert
Thompson & Horton LLP
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage
Order
Order list, June 17, 2024 · Certiorari denied
Proceedings
- Jun 17 2024Petition DENIED.
- May 28 2024DISTRIBUTED for Conference of 6/13/2024.
- May 24 2024Reply of petitioners J. W., et al. filed. (Distributed)
- May 08 2024Brief of respondent Elvin Paley in opposition filed.
- Apr 18 2024Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2024.
- Apr 17 2024Motion to extend the time to file a response from April 24, 2024 to May 8, 2024, submitted to The Clerk.
- Mar 25 2024Response Requested. (Due April 24, 2024)
- Mar 22 2024Brief amicus curiae of Institute for Justice filed.
- Mar 22 2024Brief amicus curiae of Southern Poverty Law Center filed.
- Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 15 2024Waiver of right of respondent Elvin Paley to respond filed.
- Feb 21 2024Petition for a writ of certiorari filed. (Response due March 28, 2024)