Kingsley v. Hendrickson
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-6368 | 7th Cir. | Apr 27, 2015 | Jun 22, 2015 | 5-4 | Breyer | OT 2014 |
Holding: To prove an excessive force claim under 42 U.S.C. § 1983, a pretrial detainee must show only that the officers’ use of that force was objectively unreasonable; he does not need to show that the officers were subjectively aware that their use of force was unreasonable.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Breyer on June 22, 2015. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Alito filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Supporting excessive force claims in jails – and prisons? (Richard M. Re, June 22, 2015)
- A “view” from the Courtroom: A web of intrigue as the Term winds down (Mark Walsh, June 22, 2015)
- Argument analysis: Debating excessive force in the pre-trial setting (Richard M. Re, April 27, 2015)
- SCOTUS for law students: Excessive force in pretrial detention (Stephen Wermiel, April 24, 2015)
- Argument preview: Pre-trial detainees and excessive force in jail (Richard M. Re, April 23, 2015)
| Date | Proceedings and Orders |
|---|---|
| Jul 2 2014 | Application (14A11) to extend the time to file a petition for a writ of certiorari from July 17, 2014 to August 18, 2014, submitted to Justice Kagan. |
| Jul 2 2014 | Application (14A11) granted by Justice Kagan extending the time to file until August 18, 2014. |
| Aug 18 2014 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2014) |
| Oct 10 2014 | Waiver of right of respondents Stan Hendrickson, et al. to respond filed. |
| Oct 23 2014 | DISTRIBUTED for Conference of November 7, 2014. |
| Oct 28 2014 | Response Requested . (Due November 28, 2014) |
| Nov 24 2014 | Order extending time to file response to petition to and including December 5, 2014. |
| Dec 4 2014 | Brief of respondents Stan Hendrickson, et al. in opposition filed. |
| Dec 17 2014 | Reply of petitioner Michael B. Kingsley filed. (Distributed) |
| Dec 18 2014 | DISTRIBUTED for Conference of January 9, 2015. |
| Jan 12 2015 | DISTRIBUTED for Conference of January 16, 2015. |
| Jan 16 2015 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Feb 10 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Feb 19 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Mar 2 2015 | Brief of petitioner Michael B. Kingsley filed. |
| Mar 2 2015 | Joint appendix filed. |
| Mar 6 2015 | SET FOR ARGUMENT ON Monday, April 27, 2015 |
| Mar 6 2015 | Brief amicus curiae of The Rutherford Institute filed. (Distributed) |
| Mar 9 2015 | Brief amici curiae of Former Corrections Administrators and Experts filed. |
| Mar 9 2015 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| Mar 9 2015 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| Mar 9 2015 | Brief amici curiae of National Sheriffs' Association et al. filed (REPRINTED). (Distributed) |
| Mar 16 2015 | CIRCULATED. |
| Mar 17 2015 | Record requested from U.S.C.A. 7th Circuit. |
| Mar 17 2015 | Brief amicus curiae of the United States supporting affirmance filed. (Distributed) |
| Mar 17 2015 | Record from U.S.C.A. 7th Circuit is electronic and located on PACER. |
| Mar 24 2015 | Record received from U.S.D.C. Western Dist. of Wisconsin is electronic and SEALED. |
| Apr 1 2015 | Brief of respondents Stan Hendrickson, et al. filed. (Distributed) |
| Apr 8 2015 | Brief amici curiae of National Association of Counties, et al. filed. (Distributed) |
| Apr 8 2015 | Brief amici curiae of Indiana, et al. filed. (Distributed) |
| Apr 8 2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Apr 17 2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 17 2015 | Reply of petitioner Michael B. Kingsley filed. (Distributed) |
| Apr 27 2015 | Argued. For petitioner: Wendy M. Ward, Madison, Wis. For United States as amicus curiae: John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C. |
| Jun 22 2015 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. Alito, J., filed a dissenting opinion. |
| Jul 24 2015 | JUDGMENT ISSUED. |
