No. 20-554

Craig Eugene Smith v. James McKinney, Warden, et al.

Lower Court: Eighth Circuit
Docketed: 2020-10-27
Status: Denied
Type: Paid
Response RequestedRelisted (2) Experienced Counsel
Tags: atypical-and-significant-hardship atypical-hardship courts-of-appeals due-process fourteenth-amendment judicial-review liberty-interest prison-conditions wilkinson-v-austin
Key Terms:
DueProcess HabeasCorpus TradeSecret
Latest Conference: 2021-04-30 (distributed 2 times)
Question Presented (AI Summary)

Whether a court determining if a prisoner has suffered an 'atypical and significant' hardship must consider factors such as the duration of and justification for the particular conditions imposed, or whether it can confine its analysis to a comparison of the conditions of other prison populations

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has held that a prisoner has a liberty interest—protected by the Due Process Clause of the Fourteenth Amendment—in avoiding conditions of confinement that impose on the prisoner “atypical and significant” hardships in relation to the ordinary incidents of prison life. Wilkinson v. Austin, 545 U.S. 209, 223 (2005). The question presented is: Whether a court determining if a prisoner has suffered an “atypical and significant” hardship must consider factors such as the duration of and justification for the particular conditions imposed (as several courts of appeals have held), or whether it can confine its analysis to a comparison of the conditions of other prison populations (as the court below held, joining several other courts of appeals).

Docket Entries

2021-05-03
Petition DENIED.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-04-13
Reply of petitioner Craig Eugene Smith filed. (Distributed)
2021-03-16
Motion to delay distribution of the petition for a writ certiorari until April 14, 2021 granted.
2021-03-15
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from March 24, 2021 to April 14, 2021, submitted to The Clerk.
2021-03-08
Brief of respondents James McKinney, et al. in opposition filed.
2021-01-25
Motion to extend the time to file a response is granted and the time is extended to and including March 8, 2021.
2021-01-22
Motion to extend the time to file a response from February 4, 2021 to March 8, 2021, submitted to The Clerk.
2021-01-05
Response Requested. (Due February 4, 2021)
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-10-22
Petition for a writ of certiorari filed. (Response due November 27, 2020)

Attorneys

Craig Eugene Smith
Anton MetlitskyO'Melveny & Myers, LLP, Petitioner
Anton MetlitskyO'Melveny & Myers, LLP, Petitioner
James McKinney, et al.
Samuel Paul LangholzOffice of the Attorney General, Respondent
Samuel Paul LangholzOffice of the Attorney General, Respondent