Oral Arguments



IN THE SUPREME COURT OF THE UNITED STATES

Order of February 1, 2021

Writ of Certiorari is granted in the following cases

Argued Cases:

1) Campbell v. Reisch, No. 21-0526

On certiorari to the United States Court of Appeals for the Eighth Circuit

Case Below: ___ F.3d ___, 2021 WL 261992 (8th Cir. 2021)

Issue Presented: Whether an elected state representative acts under color of law in blocking an individual from accessing the social-media account she uses to publicize performance and accomplishments as a state representative.

Counsel of Record: Katherine Dirico; Brett Kaplan

Court: Stephanie Cross; Shahnaz Uddin

2) Janus v. American Federation of State, County and Municipal Employees, No. 21-1028

On certiorari to the United States Court of Appeals for the Seventh Circuit

Diamond v. Pennsylvania State Education Ass’n, No. 21-1227 (Consolidated)

Cases Below: 915 F.3d 1127 (7th Cir. 2019); 972 F.3d 262 (3d Cir. 2020)

Issue Presented: Whether public-employee labor unions acted under color of state law in collecting fair-share fees from non-union members pursuant to state law mandating such fees, so as to be subject to suit for damages under § 1983 for violating the First Amendment.

Counsel of Record: Holli Credit; Francis Curiel

Court: Eduardo Alvarez; Samantha Arregui

3) Janus v. American Federation of State, County and Municipal Employees, No. 21-1028

On certiorari to the United States Court of Appeals for the Seventh Circuit

Diamond v. Pennsylvania State Education Ass’n, No. 21-1227 (Consolidated)

Cases Below: 915 F.3d 1127 (7th Cir. 2019); 972 F.3d 262 (3d Cir. 2020)

Issue Presented: Whether § 1983 recognizes a good-faith immunity allowing public-employee labor unions that act under color of state law in collecting fair-share fees from non-union members pursuant to state laws mandating such fees to avoid liability for damages for violating the First Amendment.

Counsel of Record: Victoria Dias; Jordan Bittle

Court: Stephen Crawford; Amanda Pulido

4) Fowler v. Irish, No. 21-0520

On certiorari to the United States Court of Appeals for the First Circuit

Robinson v. Webster County, No. 21-0303 (Consolidated)

On certiorari to the United States Court of Appeals for the Fifth Circuit

Cases Below: 979 F.3d 65 (1st Cir. 2020); 825 F. App’x. 192 (5th Cir. 2020)

Issue Presented: Whether state officials can be liable under substantive due process for injuries caused by non-governmental third persons, contrary to this Court’s decision in DeShaney, under a “state-created danger” theory.

Counsel of Record: Maya Evron; Alazay Ventura-Coffey

Court: Carlos Mouawad; Holli Credit

5) Nance v. Commissioner, No. 21-0423

On certiorari to the United States Court of Appeals for the Fifth Circuit

Cases Below: 981 F.3d 1201 (5th Cir. 2020)

Issue Presented: Whether death-row inmate’s claim that state’s lethal-injection protocol would cause undue suffering in violation of the Eighth Amendment and seeking to require the state to employ an alternative method of execution is cognizable under § 1983.

Counsel of Record: Shahnaz Uddin; Samantha Arregui

Court: Victoria Dias; Jordan Bittle

6) Polk County v. J.K.J. No. 21-0515

On certiorari to the United States Court of Appeals for the Seventh Circuit

Cases Below: 960 F.3d 367 (7th Cir. 2020) (en banc)

Issue Presented: Whether a municipality can be liable under Monell for sexual assaults of detainees committed by a corrections officer, where county policy prohibited sexual contact between guards and inmates and the county knew of sexual assaults by other officers but not the officer involved.

Counsel of Record: Eduardo Alvarez; Stephanie Cross

Court: Maya Evron; Alazay Ventura-Coffey

7) Mack v. Yost, No. 21-1216

On certiorari to the United States Court of Appeals for the Third Circuit

Cases Below: 968 F.3d 311 (3d Cir. 2020)

Issue Presented: Whether federal inmate can seek damages for First Amendment retaliation under Bivens against prison officials who fired him from his paid prison job for complaining about anti-Muslim harassment by correctional officers.

Counsel of Record: Amanda Pulido; Stephen Crawford

Court: Katherine Dirico; Francis Curiel

8) Thomas v. Freed, No. 21-0428

On certiorari to the United States Court of Appeals for the Sixth Circuit

Cases Below: 976 F.3d 729 (6th Cir. 2020)

Issue Presented: Whether § 1983 action challenging state’s failure to return excess proceeds from foreclosure sale of real property is barred by the Tax Injunction Act, § 1341.

Counsel of Record: Carlos Mouawad

Court: Brett Kaplan; Amanda Pulido

Opinion-Only Cases:

1) Kidis v. Reid, No. 21-0120

On certiorari to the United States Court of Appeals for the Sixth Circuit

Case Below: 976 F.3d 708 (6th Cir. 2020)

Issue Presented: Whether punitive-damages award of $ 200,000 was constitutionally valid where jury found a Fourth Amendment violation and awarded nominal damages.

2) Uzuegbunam v. Preczewski, No. 21-0404

On certiorari to the United States Court of Appeals for the Eleventh Circuit

Case Below: 781 F. App’x 824 (11th Cir. 2019)

Issue Presented: Whether a government’s post-filing change of an unconstitutional policy moots nominal-damages claims intended to vindicate the government’s past, completed violations of a plaintiff’s constitutional right.

3) Tangreti v. Bachmann, No. 21-0621

On certiorari to the United States Court of Appeals for the Second Circuit

Case Below: 983 F.3d 609 (2d Cir. 2020)

Issue Presented: What is the appropriate standard for pleading claims of supervisory liability under § 1983 in an action by a prisoner subjected to sexual assault by corrections officers.

4) Baker v. Planned Parenthood South Atlantic, No. 21-0331

On certiorari to the United States Court of Appeals for the Fourth Circuit

Cases Below: 941 F.3d 687 (4th Cir. 2019)

Issue Presented: Whether Medicaid’s free-choice-of-provider provision, 42 U.S.C. § 1396a(a)(23), creates private right enforceable through an action under § 1983.

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