No. 18-1093

City of Joliet, Illinois, et al. v. Elijah Manuel

Lower Court: Seventh Circuit
Docketed: 2019-02-22
Status: Denied
Type: Paid
Amici (1)Relisted (2)
Tags: 42-usc-1983 accrual accrual-rule civil-rights fourth-amendment judicial-procedure manuel-v-city-of-joliet pretrial-detention section-1983
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure
Latest Conference: 2019-06-27 (distributed 2 times)
Question Presented (AI Summary)

Whether the Seventh Circuit erred in holding that a Fourth Amendment claim for unlawful post-process, pretrial detention brought pursuant to §1983 is subject to a special rule of delayed accrual, rather than the traditional rule under which a claim accrues when an injury first occurs

Question Presented (OCR Extract)

QUESTION PRESENTED Manuel v. City of Joliet, 137 S. Ct. 911 (2017) (Manuel I), held that a 42 U.S.C. §1983 claim for unlawful post-process, pretrial detention is actionable as a Fourth Amendment tort. But the then-eightmember Court declined to resolve the parties’ dispute over the accrual date for such a claim, although two Justices noted in dissent that they would have reached the accrual question and resolved it in the City’s favor. On remand, the Seventh Circuit announced a new Fourth Amendment accrual rule—based on the idea that a Fourth Amendment detention constitutes a continuing tort—in square conflict with the law in other circuits and, separately, in conflict with the rule embraced by the two Justices to reach the issue in Manuel I. The question presented is whether the Seventh Circuit erred in holding that a Fourth Amendment claim for unlawful post-process, pretrial detention brought pursuant to §1983 is subject to a special rule of delayed accrual, rather than the traditional rule under which a claim accrues when an injury first occurs—here, respondent’s first appearance in court, when a judge found probable cause for his pretrial detention based on an allegedly false criminal complaint.

Docket Entries

2019-06-28
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2019-06-28
Petition DENIED.
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-06-21
Supplemental brief of petitioners City of Joilet, Illinois, et al. filed.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-04-10
Reply of petitioners City of Joilet, Illinois, et al. filed. (Distributed)
2019-03-25
Brief amici curiae of International Municipal Lawyers Association, et al. filed.
2019-03-22
Motion for leave to proceed in forma pauperis filed by respondent Elijah Manuel.
2019-03-22
Brief of respondent Elijah Manuel in opposition filed.
2019-02-21
Petition for a writ of certiorari filed. (Response due March 25, 2019)
2019-01-15
Application (18A730) granted by Justice Kavanaugh extending the time to file until February 21, 2019.
2019-01-11
Application (18A730) to extend the time to file a petition for a writ of certiorari from January 22, 2019 to February 21, 2019, submitted to Justice Kavanaugh.

Attorneys

City of Joilet, Illinois, et al.
Michael Anthony ScodroMayer Brown LLP, Petitioner
Michael Anthony ScodroMayer Brown LLP, Petitioner
Elijah Manuel
Stanley Bert EisenhammerHodges, Loizzi, Eisenhammer, Rodick & Kohn LLP, Respondent
International Municipal Lawyers Association, National League of Cities, and U.S. Conference of Mayors
Geoffrey Paul EatonWinston & Strawn LLP, Amicus