Ross v. Blake
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-339 | 4th Cir. | Mar 29, 2016 | Jun 6, 2016 | 8-0 | Kagan | OT 2015 |
Holding: The Fourth Circuit's unwritten "special circumstances" exception, which can excuse an inmate's failure to comply with procedural requirements before challenging prison conditions, is inconsistent with the text and history of the Prison Litigation Reform Act of 1995.
Judgment: Vacated and remanded, 8-0, in an opinion by Justice Kagan on June 6, 2016. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed an opinion concurring in part.
SCOTUSblog Coverage
- Opinion analysis: Justices hold door open to prisoner suit even while rejecting “special circumstances” exception to PLRA exhaustion requirement (Steve Vladeck, June 7, 2016)
- Argument analysis: Justices seem likely to DIG or remand prisoner-exhaustion case (Steve Vladeck, March 30, 2016)
- Argument preview: A dispute over what is actually in dispute in state prisoner exhaustion case (Steve Vladeck, March 22, 2016)
- Court to rule on drunk-driving tests (Lyle Denniston, December 11, 2015)
| Date | Proceedings and Orders |
|---|---|
| Sep 14 2015 | Petition for a writ of certiorari filed. (Response due October 19, 2015) |
| Sep 23 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner. |
| Oct 14 2015 | Order extending time to file response to petition to and including November 18, 2015. |
| Oct 19 2015 | Brief amici curiae of West Virginia, and 21 Other States filed. |
| Nov 02 2015 | Brief of respondent Shaidon Blake in opposition filed. |
| Nov 16 2015 | Reply of petitioner Michael Ross filed. (Distributed) |
| Nov 17 2015 | DISTRIBUTED for Conference of December 4, 2015. |
| Dec 07 2015 | DISTRIBUTED for Conference of December 11, 2015. |
| Dec 11 2015 | Petition GRANTED. |
| Jan 15 2016 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 27, 2016. |
| Jan 22 2016 | The time to file the joint appendix and petitioner's brief on the merits is further extended to and including January 29, 2016. |
| Jan 22 2016 | The time to file respondent's brief on the merits is extended to and including March 3, 2016. |
| Jan 29 2016 | SET FOR ARGUMENT ON Tuesday, March 29, 2016 |
| Jan 29 2016 | Joint appendix filed. (Statement of costs filed) |
| Jan 29 2016 | Brief of petitioner Michael Ross filed. |
| Feb 05 2016 | Brief amicus curiae of United States filed. |
| Feb 05 2016 | Brief amici curiae of West Virginia and 38 Other States filed. |
| Feb 08 2016 | Record requested from U.S.C.A. 4th Circuit. |
| Feb 11 2016 | Record received from U.S.C.A. 4th Circuit is electronic and located on PACER. |
| Feb 18 2016 | Record received from U.S.D.C. Dist. of Maryland Southern Div. is electronic and located on PACER. Sealed records are also electronic, not on PACER. |
| Feb 23 2016 | CIRCULATED. |
| Mar 01 2016 | Proposal of counsel for respondent to lodge bound copies of non-record materials cited in respondent's brief on the merits. |
| Mar 03 2016 | Brief of respondent Shaidon Blake filed. (Distributed) |
| Mar 07 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 08 2016 | Brief amici curiae of Legal Aid Society of New York and Morningside Heights Legal Services, Inc. filed. (Distributed) |
| Mar 10 2016 | Brief amicus curiae of National Police Accountability Project and Human Rights Defense Center filed. (Distributed) |
| Mar 17 2016 | Proposal of counsel for petitioner to lodge copies of non-record materials cited in the reply brief on the merits. |
| Mar 18 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Mar 21 2016 | Reply of petitioner Michael Ross filed. (Distributed). |
| Mar 23 2016 | The Clerk has approved respondent's lodging proposal of 3/1/16. Bound copies of non-record material cited in respondent's merits brief received and distributed. |
| Mar 24 2016 | The Clerk has approved petitioner's lodging proposal of 3/17/16. Copies of material cited in the reply brief received and distributed. |
| Mar 29 2016 | Argued. For petitioner: Julia Doyle Bernhardt, Assistant Attorney General, Baltimore, Md.; and Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Paul W. Hughes, Washington, D. C. |
| Jun 06 2016 | Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Alito, and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed an opinion concurring in part. |
| Jul 08 2016 | JUDGMENT ISSUED |
