Supreme Court of the United States · Official docket →
Jennifer Cotto, et al. v. Andrea J. Campbell, Attorney General of Massachusetts, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 23-2069 · judgment January 21, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the unlawful retention of property by state officials—in this case, property forfeited from thousands of legally innocent persons whose wrongful state drug convictions have been vacated—is, as the First Circuit found, a “past wrong and not an ongoing violation for Ex parte Young purposes,” Cotto v. Campbell, 126 F.4th 761, 769 (1st Cir. 2025), or “part of an ongoing [constitutional] tort,” Maron v. Chief Financial Officer of Florida, 136 F.4th 1322, 1333-34 (11th Cir. 2025), as held by at least the Second, Fourth, Fifth, Sixth, Ninth, Tenth, and Eleventh Circuits.
Counsel of record
For petitioner
Daniel Nathan Marx
Fick & Marx LLP
For respondent
Christine Marie Fimognari
Massachusetts Office of the Attorney General
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 10 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 05 2025Reply of petitioners Jennifer Cotto, et al. filed.
- Nov 24 2025Brief of respondents Andrea J. Campbell, et al. in opposition filed.
- Nov 05 2025Motion to extend the time to file a response is granted and the time is further extended to and including November 24, 2025.
- Nov 04 2025Motion to extend the time to file a response from November 10, 2025 to November 24, 2025, submitted to The Clerk.
- Aug 27 2025Motion to extend the time to file a response is granted and the time is extended to and including November 10, 2025.
- Aug 25 2025Motion to extend the time to file a response from September 10, 2025 to November 10, 2025, submitted to The Clerk.
- Aug 11 2025Response Requested. (Due September 10, 2025)
- Jul 16 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 10 2025Waiver of right of respondent Andrea J. Campbell, et al. to respond filed.
- Jun 18 2025Petition for a writ of certiorari filed. (Response due July 24, 2025)
- Apr 14 2025Application (24A976) granted by Justice Jackson extending the time to file until June 20, 2025.
- Apr 09 2025Application (24A976) to extend the time to file a petition for a writ of certiorari from April 21, 2025 to June 20, 2025, submitted to Justice Jackson.