No. 20-5330

Layne Aucoin v. Andrew Cupil, Lieutenant, et al.

Lower Court: Fifth Circuit
Docketed: 2020-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights eighth-amendment excessive-force muhammad-v-close prison-discipline prisoner-rights sixth-amendment
Latest Conference: 2020-10-09
Question Presented (from Petition)

Do the Sixth Amendment and this Court's decision in Muhammad v. Close, 540 U.S. 749 (2004), foreclose a federal court from dismissing an inmate 8th Amendment excessive force suit where 1) the suit does not challenge the prison disciplinary proceeding, 2) where a criminal conviction did/does not result from a prison disciplinary proceeding and 3) where a favorable judgment entered on the 8th Amendment claim will not affect an underlying conviction for which an inmate is serving time?

Question Presented (AI Summary)

Do the Sixth Amendment and this Court's decision in Muhammad v. Close, 540 U.S. 749 (2004), foreclose a federal court from dismissing an inmate 8th Amendment excessive force suit

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-10
Waiver of right of respondent Lieutenant Cupil, et al. to respond filed.
2020-08-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2020)

Attorneys

Layne Aucoin
Donna Unkel GrodnerGrodner & Associates, Petitioner
Lieutenant Cupil, et al.
William David CoffeyLouisiana Department of Justice, AG's Office, Respondent