No. 21-700

Keith Smith v. City of Chicago, Illinois, et al.

Lower Court: Seventh Circuit
Docketed: 2021-11-12
Status: GVR
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: 42-usc-1983 accrual-rule bail bail-conditions circuit-split civil-rights fourth-amendment legal-procedure pretrial-detention seizure seizure-definition
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-04-14 (distributed 3 times)
Question Presented (AI Summary)

Does a claim for wrongful pre-trial detention accrue upon favorable termination or release on bail?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does a claim brought under 42 U.S.C. § 1983 seeking damages for wrongful pre-trial detention caused by the fabrication of evidence accrue upon the favorable termination of criminal proceedings (as the majority of circuits hold) or when the criminal defendant is released on bail pending trial (as the Seventh Circuit held below)? 2. Ifthe claim accrues before the favorable termination of criminal proceedings, does a pre-trial detainee who is released on bail remain subject to a seizure under the Fourth Amendment when the conditions of bail restrict freedom of travel and require monthly court appearances (as three circuits hold) or do those conditions of bail not implicate the Fourth Amendment (as the Seventh Circuit held below)? @

Docket Entries

2022-05-20
Judgment Issued
2022-04-18
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Thompson</i> v. <i>Clark</i>, 596 U. S. ___ (2022).
2022-04-11
DISTRIBUTED for Conference of 4/14/2022.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-03-08
Reply of petitioner Keith Smith filed. (Distributed)
2022-02-22
Brief of respondents City of Chicago and Chicago Police Officers Ranita Michell and Herman Otero in opposition filed.
2022-01-14
Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2022.
2022-01-12
Motion to extend the time to file a response from January 21, 2022 to February 22, 2022, submitted to The Clerk.
2021-12-22
Response Requested. (Due January 21, 2022)
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-13
Waiver of right of respondents City of Chicago, Illinois, et al. to respond filed.
2021-11-09
Petition for a writ of certiorari filed. (Response due December 13, 2021)

Attorneys

City of Chicago and Chicago Police Officers Ranita Michell and Herman Otero
Julian N. Henriques Jr.City of Chicago, Respondent
Julian N. Henriques Jr.City of Chicago, Respondent
Keith Smith
Joel Alan FlaxmanLaw Offices of Kenneth N. Flaxman P.C., Petitioner
Joel Alan FlaxmanLaw Offices of Kenneth N. Flaxman P.C., Petitioner