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Sanjay Tripathy v. Jeff McKoy, Deputy Commissioner, New York Department of Corrections and Community Supervision, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-919 · judgment May 29, 2024


Certiorari denied · June 30, 2026
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Congress has enacted two “sister” statutes to protect religious exercise: the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. 2000bb et seq., and the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. 2000cc et seq. In Tanzin v. Tanvir, 592 U.S. 43 (2020), this Court held that an individual may sue a government official in his individual capacity for damages for violations of RFRA. RLUIPA’s relevant language is identical. The question presented is whether an individual may sue a government official in his individual capacity for damages for violations of RLUIPA. (i)

Counsel of record

For petitioner
Zachary D. Tripp
Weil, Gotshal & Manges LLP

For respondent
Barbara Dale Underwood
Solicitor General

Case

Conference history
Distributed for 4 conferences

Proceedings

  1. Jun 30 2026
    Petition DENIED.
  2. Jun 29 2026
    DISTRIBUTED for Conference of 6/29/2026.
  3. Jun 16 2025
    DISTRIBUTED for Conference of 6/18/2025.
  4. May 27 2025
    DISTRIBUTED for Conference of 6/12/2025.
  5. May 20 2025
    Rescheduled.
  6. May 13 2025
    DISTRIBUTED for Conference of 5/29/2025.
  7. May 12 2025
    Reply of petitioner Sanjay Tripathy filed. (Distributed)
  8. Apr 29 2025
    Brief of respondents Jeff McKoy, Deputy Commissioner, et al. in opposition filed.
  9. Feb 24 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including April 29, 2025.
  10. Feb 21 2025
    Motion to extend the time to file a response from February 28, 2025 to April 29, 2025, submitted to The Clerk.
  11. Dec 26 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including February 28, 2025.
  12. Dec 23 2024
    Motion to extend the time to file a response from December 30, 2024 to February 28, 2025, submitted to The Clerk.
  13. Oct 25 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including December 30, 2024.
  14. Oct 23 2024
    Motion to extend the time to file a response from October 30, 2024 to December 30, 2024, submitted to The Clerk.
  15. Sep 27 2024
    Motion to extend the time to file a response is granted and the time is extended to and including October 30, 2024.
  16. Sep 26 2024
    Motion to extend the time to file a response from September 30, 2024 to October 30, 2024, submitted to The Clerk.
  17. Aug 27 2024
    Petition for a writ of certiorari filed. (Response due September 30, 2024)