No. 19-266

Seantrey Morris v. Joseph Mekdessie, et al.

Lower Court: Fifth Circuit
Docketed: 2019-08-29
Status: Denied
Type: Paid
Amici (2)Response RequestedRelisted (2)
Tags: civil-procedure civil-rights collateral-attack due-process heck-doctrine heck-v-humphrey judicial-estoppel pretrial-diversion section-1983
Key Terms:
SocialSecurity CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Whether Heck v. Humphrey bars a § 1983 claim when criminal charges were dismissed through a pretrial diversion program

Question Presented (from Petition)

QUESTION PRESENTED This Court held in Heck v. Humphrey that a plaintiff cannot bring a § 1983 claim based on “actions whose unlawfulness would render a [prior] conviction or sentence invalid” unless he can “prove that the conviction or sentence has been reversed” or otherwise invalidated. 512 U.S. 477, 486-87 (1994). A contrary rule, the Court explained, “would permit a collateral attack on the conviction through the vehicle of a civil suit.” Id. at 484 (citations omitted). The question presented, on which six courts of appeals are expressly and evenly divided, is whether Heck may properly be extended to bar the claims of a plaintiff who was never convicted or sentenced at all because his criminal charges were dismissed through a pretrial diversion program.

Docket Entries

2020-01-13
Motion for leave to file amicus brief filed by TASC, Inc. (Treatment Alternatives for Safe Communities) GRANTED.
2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-20
Reply of petitioner Seantrey Morris filed.
2019-12-11
Brief of respondents Joseph Mekdessie, et al. in opposition filed.
2019-11-19
Motion to extend the time to file a response is granted and the time is extended to and including December 11, 2019.
2019-11-12
Motion to extend the time to file a response from November 18, 2019 to December 11, 2019, submitted to The Clerk.
2019-10-17
Response Requested. (Due November 18, 2019)
2019-10-16
DISTRIBUTED for Conference of 11/1/2019.
2019-09-30
Motion for leave to file amicus brief filed by TASC, Inc. (Treatment Alternatives for Safe Communities).
2019-08-26
Petition for a writ of certiorari filed. (Response due September 30, 2019)
2019-07-01
Application (19A14) granted by Justice Alito extending the time to file until August 26, 2019.
2019-06-27
Application (19A14) to extend the time to file a petition for a writ of certiorari from July 25, 2019 to August 26, 2019, submitted to Justice Alito.

Attorneys

Daniel Swears
James B. MullalyMullaly & Associates, Respondent
James B. MullalyMullaly & Associates, Respondent
Joseph Mekdessie, Brandon LeBlanc, Arthur Lawson, and the City of Gretna
Leonard L. LevensonLeonard L. Levenson and Associates, Respondent
Leonard L. LevensonLeonard L. Levenson and Associates, Respondent
Joseph Mekdessie, et al.
Clifford Warren BerlowJenner & Block LLP, Respondent
Clifford Warren BerlowJenner & Block LLP, Respondent
Seantrey Morris
Eric Alan ShumskyOrrick, Herrington & Sutcliffe LLP, Petitioner
Eric Alan ShumskyOrrick, Herrington & Sutcliffe LLP, Petitioner
TASC, Inc. (Treatment Alternatives for Safe Communities)
Jeremy Charles MarwellVinson & Elkins LLP, Amicus
Jeremy Charles MarwellVinson & Elkins LLP, Amicus