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Susan Hutson v. United States, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-30633 · judgment August 26, 2024


Certiorari denied · November 17, 2025
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Fifth Circuit decision below.

Question presented

The Prison Litigation Reform Act of 1995 (PLRA) establishes, among other things, “standards for the entry and termination of prospective relief in civil actions challenging prison conditions.” Miller v. French, 530 U.S. 327, 331 (2000). Relevant here, “such relief shall be terminable upon the motion of any party ... 2 years after the date the court granted or approved the prospective relief.” 18 U.S.C. § 3626(b)(1)(A)(i). Upon the timely filing of any such motion, “[t]he supervising court may refuse to terminate jurisdiction only if it makes [certain] written findings” specified by the PLRA. Imprisoned Citizens Union v. Ridge, 169 F.3d 178, 182 (3d Cir. 1999) (Alito, J.) (citing § 3626(b)(3)). The question presented is: Whether a State or local official who moves to terminate prospective relief under 18 U.S.C. § 3626(b)(1)(A) bears any affirmative burden beyond demonstrating that the requisite amount of time has passed.

Counsel of record

For petitioner
Jorge Benjamin Aguinaga
Louisiana Department of Justice

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 6 conferences

Argument & decision

Decided November 17, 2025.

Proceedings

  1. Nov 17 2025
    Petition DENIED. Justice Gorsuch would grant the petition for a writ of certiorari. Justice Alito, with whom Justice Thomas joins, dissenting from the denial of certiorari. (Detached Opinion)
  2. Nov 10 2025
    DISTRIBUTED for Conference of 11/14/2025.
  3. Nov 03 2025
    DISTRIBUTED for Conference of 11/7/2025.
  4. Oct 14 2025
    DISTRIBUTED for Conference of 10/17/2025.
  5. Oct 06 2025
    DISTRIBUTED for Conference of 10/10/2025.
  6. Aug 20 2025
    DISTRIBUTED for Conference of 9/29/2025.
  7. Aug 20 2025
    Reply of petitioner Susan Hutson filed. (Distributed)
  8. Aug 06 2025
    Brief of Federal Respondent in opposition filed.
  9. Aug 06 2025
    Brief of respondents Kent Anderson, et al. in opposition filed.
  10. Jun 24 2025
    The motions to extend the time to file responses are granted and the time is further extended to and including August 6, 2025, for all respondents.
  11. Jun 23 2025
    Motion of the Solicitor General to extend the time to file a response from July 7, 2025 to August 6, 2025, submitted to The Clerk.
  12. Jun 23 2025
    Motion of Kent Anderson, et al. to extend the time to file a response from July 7, 2025 to August 6, 2025, submitted to The Clerk.
  13. May 15 2025
    The motions to extend the time to file responses are granted and the time is extended to and including July 7, 2025, for all respondents.
  14. May 14 2025
    Motion of the Solicitor General to extend the time to file a response from June 5, 2025 to July 7, 2025, submitted to The Clerk.
  15. May 14 2025
    Motion of respondents Kent Anderson, et al. to extend the time to file a response from June 5, 2025 to July 7, 2025, submitted to The Clerk.
  16. May 06 2025
    Response Requested. (Due June 5, 2025)
  17. Apr 29 2025
    DISTRIBUTED for Conference of 5/15/2025.
  18. Apr 18 2025
    Waiver of right of respondents Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, and LaShawn Jones to respond filed.
  19. Apr 17 2025
    Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2025, for all respondents. See Rule 30.1.
  20. Apr 17 2025
    Waiver of right of respondent Federal Party to respond filed.
  21. Apr 16 2025
    Motion of respondents Kent Anderson, et al. to extend the time to file a response from April 24, 2025 to May 24, 2025, submitted to The Clerk.
  22. Mar 21 2025
    Petition for a writ of certiorari filed. (Response due April 24, 2025)