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Brian Estrada v. Jacob Smart
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-1189 · judgment July 16, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In SEC v. Jarkesy, 603 U.S. 109 (2024), the Court held that a jury must decide claims that are “legal in nature,” which are assessed based on historical analogy and the remedy sought, with “money damages” being the “prototypical common law remedy.” Id. at 122-23. Petitioner Brian Estrada brought suit under 42 U.S.C. § 1983, alleging excessive force and seeking money damages. Despite Mr. Estrada bringing a claim that was legal in nature, the Tenth Circuit found that a judge, not a jury, should decide issues of fact related to whether Mr. Estrada’s suit should be dismissed for failure to exhaust administrative remedies. The questions presented are:
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Whether the Seventh Amendment’s right to a trial by jury extends to issues of fact related to the exhaustion of administrative remedies. This question is presented in the merits briefing in Perttu v. Richards, No. 23-1324, scheduled for argument on February 25, 2025.
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Whether a courthouse shooting is a “prison condition,” as that term is used in 42 U.S.C. § 1997e(a). (i)
Counsel of record
For petitioner
Nicole Louise Masiello
Arnold & Porter Kaye Scholer
For respondent
Shannon Wells Stevenson
Colorado Department of Law
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 06 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 04 2025Reply of petitioner Brian Estrada filed.
- Jul 18 2025Brief of respondent Jacob Smart in opposition filed.
- Jun 24 2025Motion to extend the time to file a response is granted and the time is further extended to and including July 18, 2025.
- Jun 23 2025Motion to extend the time to file a response from July 3, 2025 to July 18, 2025, submitted to The Clerk.
- Jun 16 2025Motion to extend the time to file a response is granted and the time is further extended to and including July 3, 2025.
- Jun 13 2025Motion to extend the time to file a response from June 20, 2025 to July 3, 2025, submitted to The Clerk.
- May 27 2025Motion to extend the time to file a response is granted and the time is further extended to and including June 20, 2025.
- May 23 2025Motion to extend the time to file a response from June 6, 2025 to June 20, 2025, submitted to The Clerk.
- Apr 30 2025Motion to extend the time to file a response is granted and the time is further extended to and including June 6, 2025.
- Apr 29 2025Motion to extend the time to file a response from May 9, 2025 to June 6, 2025, submitted to The Clerk.
- Apr 02 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 9, 2025.
- Apr 01 2025Motion to extend the time to file a response from April 11, 2025 to May 9, 2025, submitted to The Clerk.
- Mar 04 2025Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2025.
- Mar 03 2025Motion to extend the time to file a response from March 13, 2025 to April 11, 2025, submitted to The Clerk.
- Feb 07 2025Petition for a writ of certiorari filed. (Response due March 13, 2025)
- Dec 20 2024Application (24A394) granted by Justice Gorsuch extending the time to file until February 7, 2025.
- Dec 16 2024Application (24A394) to extend further the time from January 9, 2025 to February 8, 2025, submitted to Justice Gorsuch.
- Oct 23 2024Application (24A394) granted by Justice Gorsuch extending the time to file until January 9, 2025.
- Oct 21 2024Application (24A394) to extend the time to file a petition for a writ of certiorari from December 10, 2024 to January 9, 2025, submitted to Justice Gorsuch.