No. 19-1093

Aleashia Clarkston, et al. v. John White

Lower Court: Fifth Circuit
Docketed: 2020-03-05
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-rights constitutional-rights due-process fifth-circuit government-officials legal-standard qualified-immunity section-1983 standing takings
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Did the Fifth Circuit err in holding that there is a second type of qualified immunity—that government officials are also entitled to qualified immunity, even when they violate clearly established constitutional rights, and 'no matter how unconstitutional their motives,' if it was unclear at the time of the violation whether relief was available in an action 'under section 1983' for the injuries caused by those constitutional violations?

Question Presented (OCR Extract)

QUESTION PRESENTED In an action under section 1983, government officials are entitled to qualified immunity if their conduct did not violate a clearly established constitutional right. The question presented is: Did the Fifth Circuit err in holding that there is a second type of qualified immunity—that government officials are also entitled to qualified immunity, even when they violate clearly established constitutional rights, and “no matter how unconstitutional their motives,” if it was unclear at the time of the violation whether relief was available in an action “under section 1983” for the injuries caused by those constitutional violations? li PARTIES The parties to this action are set out in the caption.

Docket Entries

2020-05-18
Petition DENIED.
2020-04-22
DISTRIBUTED for Conference of 5/15/2020.
2020-03-31
Waiver of right of respondent John White to respond filed.
2020-03-03
Petition for a writ of certiorari filed. (Response due April 6, 2020)

Attorneys

Aleashia Clarkston, et al.
Eric SchnapperUniv. of Washington School of Law, Petitioner
John White
William David CoffeyLouisiana Department of Justice, AG's Office, Respondent