No. 22-438

Glow In One Mini Golf, L.L.C., et al. v. Tim Walz, Governor of Minnesota, et al.

Lower Court: Eighth Circuit
Docketed: 2022-11-10
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: 5th-amendment constitutional-rights covid-19 covid-19-shutdown emergency-powers equal-protection equal-protection-clause fifth-amendment qualified-immunity takings-clause
Key Terms:
DueProcess FifthAmendment Takings JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether Minnesota's Governor has qualified immunity against Petitioners' Fifth Amendment Takings Clause claims

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether Minnesota’s Governor has qualified immunity against Petitioners’ Fifth Amendment Takings Clause claims for ordering the shut-down of their businesses—but not other like businesses—and prohibiting ingress into those shut-down business properties based on the Governor’s declaration of a COVID19 pandemic emergency. 2. Whether the Court should overrule Pearson v. Callahan, 555 U.S. 223 (2009), and reinstate the requirement in Saucier v. Katz, 533 U.S. 194 (2001), that lower courts examine whether a government official violated a constitutional right before proceeding to the question of whether the law governing that official’s conduct was “clearly established” at the time of the violation. 3. Whether a government official sued in his or her individual capacity may be liable for takings under the Fifth Amendment. 4. Whether Petitioners’ claims for declaratory and injunctive relief under the Fourteenth Amendment’s Equal Protection Clause are not moot because Minnesota’s Governor voluntarily ceased his shutdown orders, which conduct can later be resumed, after vigorously defending those orders throughout this case.

Docket Entries

2023-01-09
Petition DENIED.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-12
2022-11-29
Waiver of right of respondents Governor Tim Walz, et al. to respond filed.
2022-11-07
Petition for a writ of certiorari filed. (Response due December 12, 2022)

Attorneys

Cato Institute & Manhattan Institute
Jay Remington SchweikertThe Cato Institute, Amicus
Jay Remington SchweikertThe Cato Institute, Amicus
Glow In One Mini Golf, L.L.C., et al.
James Vincent Francis DickeyUpper Midwest Law Center, Petitioner
James Vincent Francis DickeyUpper Midwest Law Center, Petitioner
Governor Tim Walz, et al.
Elizabeth Catherine KramerOffice of the Minnesota Attorney General, Respondent
Elizabeth Catherine KramerOffice of the Minnesota Attorney General, Respondent