Supreme Court of the United States · Official docket →
Kaeun Kim v. Mark Ali, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 24-1448 · judgment December 17, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether a 42 U.S.C. § 1983 claim that state officials fabricated evidence against the petitioner accrues only upon favorable termination of the criminal proceedings (consistent with McDonough v. Smith, 139 S. Ct 2149 (2019)), and whether the lower courts erred in dismissing such a claim as time-barred despite the petitioner’s recent discovery of the fabrication.
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Whether, in light of Heck v. Humphrey, 512 U.S. 477 (1994), a civil-rights claim that would impugn an ongoing criminal prosecution should be dismissed outright or instead stayed pending the outcome of the criminal case - an issue on which courts are divided, and which implicates the petitioner’s ability to seek redress for egregious misconduct (fabrication of evidence) before it is too late.
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Whether a private corporation and its employees who coordinated with police and prosecutors to detain the petitioner and fabricate incriminating evidence can be held liable under § 1983 as acting
Counsel of record
For petitioner
Kaeun Kim
For respondent
Leo R. Boersto el
Proceedings
- Jan 12 2026Rehearing DENIED.
- Dec 23 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 11 2025Petition for Rehearing filed.
- Nov 17 2025Petition DENIED.
- Nov 06 2025Application (25A480) denied by Justice Alito.
- Nov 04 2025Supplemental brief of petitioner Kaeun Kim filed. (Distributed)
- Oct 29 2025DISTRIBUTED for Conference of 11/14/2025.
- Oct 22 2025Waiver of right of respondents Mark Ali, Mira Ohm to respond filed.
- Oct 14 2025Application (25A480) for injunctive relief, submitted to Justice Alito.
- Jun 30 2025Petition for a writ of certiorari filed. (Response due October 17, 2025)