Supreme Court of the United States · Official docket →
James LeBlanc v. Brian McNeal
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-30180 · judgment January 5, 2024
Before the decision, about 2.2× 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 (flagged in the petition).
Question presented
A prisoner’s “attack on the legality of [his] physical confinement itself … is the long-established function of habeas corpus.” Preiser v. Rodriguez, 411 U.S. 475, 488 n.8 (1973); see Wilkinson v. Dotson, 544 U.S. 74, 79 (2005) (an “attack[] [on] the very duration of physical confinement … lies at the core of habeas corpus” (cleaned up)). The question presented is: Whether, consistent with Preiser and its progeny, a state prisoner who alleges that he was unlawfully confined beyond his proper release date may sue for damages under 42 U.S.C. § 1983.
Counsel of record
For petitioner
Jorge Benjamin Aguinaga
Louisiana Department of Justice
For respondent
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection
Proceedings
- Oct 07 2024Petition DENIED.
- Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
- Sep 09 2024Reply of petitioner James LeBlanc filed. (Distributed)
- Aug 26 2024Brief of respondent Brian McNeal in opposition filed.
- Aug 08 2024Brief amici curiae of Texas, et al. filed.
- Jul 26 2024Response Requested. (Due August 26, 2024)
- Jul 24 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 09 2024Waiver of right of respondent Brian McNeal to respond filed.
- Jul 05 2024Petition for a writ of certiorari filed. (Response due August 8, 2024)
- May 17 2024Application (23A1017) granted by Justice Alito extending the time to file until July 5, 2024.
- May 13 2024Application (23A1017) to extend the time to file a petition for a writ of certiorari from May 21, 2024 to July 20, 2024, submitted to Justice Alito.