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
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-10-09
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

Question Presented (OCR Extract)

Question Presented Petitioner presents the following question: 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 8” 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 8 Amendment claim will not affect an underlying conviction for which an inmate is serving time? (i) CERTIFICATE OF PARTIES, PROCEEDINGS AND RELATED CASES The parties on the caption are the parties to this proceeding. PROCEEDINGS Aucoin v. Cupil, U.S. District Court for the Middle District of Louisiana, Civ. Action No. 3:16-CV-373. Judgment entered on rehearing April 22, 2019. Aucoin v. Cupil, U.S. District Court for the Middle District of Louisiana, Civ. Action No. 3:16-CV-373. Judgment entered on rehearing August 26, 2019. Aucoin v. Cupil, U.S. Court of Appeals for the Fifth Circuit, No. 19-30779. Judgment entered May 6, 2020. Aucoin v. Cupil, U.S. Court of Appeals for the Fifth Circuit, No. 19-30779. Motion for Rehearing out of time, denied June 15, 2020. (ii)

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