Question Presented (OCR Extract)
QUESTION PRESENTED In determining whether the Due Process Clause requires a state or local government to provide a post seizure probable cause hearing prior to a statutory judicial forfeiture proceeding and, if so, when such a hearing must take place, should district courts apply the “speedy trial” test employed in United States v. $8,850, 461 U.S. 555 (1983) and Barker v. Wingo, 407 U.S. 514 (1972), as held by the Eleventh Circuit or the three-part due process analysis set forth in Mathews v. Eldridge, 424 U.S. 319 (1976) as held by at least the Second, Fifth, Seventh, and Ninth Circuits. ii LIST OF PROCEEDINGS U.S. Court of Appeals for the Eleventh Circuit No. 21-13805 Halima Tariffa Culley, on Behalf of Herself and Those Similarly Situated, v. Attorney General, State of Alabama, District Attorney of the 13th Judicial Circuit (Mobile County), City of Satsuma, Alabama, Lena Sutton, on Behalf of Herself and Those Similarly Situated as Described Below, PlaintiffAppellant, v. Leesburg, Alabama, Town of, DefendantAppellee, state of Alabama, Date of Final Opinion: July 11, 2022 Date of Rehearing Denial: August 30, 2022 USS. District Court, Southern District of Alabama Civ. Act. No. 1:19-cv-701-TFM-MU Halima Tariffa Culley, Plaintiff, v. Steve Marshall, in His Official Capacity as Attorney General of the State of Alabama, et al., Defendants. Date of Final Order: September 29, 2021 USS. District Court, Northern District of Alabama No. 4:20-cv-00091-ACA Lena Sutton, on Behalf of Herself and Those Similarly Situated, Plaintiff, v. Leesburg, Alabama, Et Al., Defendants. Date of Final Order: September 13, 2021
2024-05-09
Adjudged to be AFFIRMED. Kavanaugh, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-585_k5fm.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
2023-10-30
Argued. For petitioners: Shay Dvoretzky, Washington, D. C. For respondents: Edmund G. LaCour, Jr., Solicitor General, Montgomery, Ala.; and Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington,
D. C. (for United States, as amicus curiae.)
2023-10-02
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2023-09-27
Record from the United States District Court for the Southern District of Alabama received electronically and available with the Clerk.
2023-09-13
Reply of petitioner Halima Tariffa Culley filed. (Distributed)
2023-09-07
Record from the United States Court of Appeals for the Eleventh Circuit available on PACER.
2023-09-06
Record requested from the United States Court of Appeals for the Eleventh Circuit.
2023-09-06
SET FOR ARGUMENT on Monday, October 30, 2023
2023-08-21
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2023-08-21
Brief amicus curiae of United States filed.
2023-08-21
Brief amici curiae of International Municipal Lawyers Association and National League of Cities filed.
2023-08-18
Brief amicus curiae of Wayne County, Michigan filed.
2023-08-14
Brief of respondents City of Satsuma, et al. filed.
2023-08-14
Brief of respondents Steven T. Marshall, et al. filed.
2023-06-29
Brief amici curiae of American Civil Liberties Union, American Civil Liberties Union of Alabama, Cato Institute, and Rutherford Institute filed.
2023-06-29
Brief amicus curiae of Restore the Fourth, Inc. filed. (July 6, 2023)
2023-06-29
Brief amicus curiae of Goldwater Institute; Pacific Legal Foundation; Manhattan Institute filed.
2023-06-29
Brief amicus curiae of Constitutional Accountability Center filed.
2023-06-29
Brief amicus curiae of The Buckeye Institute filed.
2023-06-29
Brief amicus curiae of National Federation of Independent Business Small Business Legal Center, Inc. filed.
2023-06-29
Brief amici curiae of Institute for Justice, Stephanie Wilson and Gerardo Serrano filed.
2023-06-28
Brief amicus curiae of The Legal Aid Society filed.
2023-06-22
Joint appendix filed. (Statement of costs filed)
2023-06-22
Brief of petitioner Halima Tariffa Culley filed.
2023-05-04
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 22, 2023. The time to file respondents' brief on the merits is extended to and including granted and the time is extended to and including August 14, 2023.
2023-04-27
Motion of the parties for an extension of time to file the briefs on the merits filed.
2023-04-10
DISTRIBUTED for Conference of 4/14/2023.
2023-03-15
Reply of petitioners Halima Tariffa Culley, et al. filed. (Distributed)
2023-03-15
DISTRIBUTED for Conference of 3/31/2023.
2023-03-01
Brief of respondents Steven T. Marshall, Attorney General of Alabama, et al. in opposition filed.
2023-02-16
Brief amicus curiae of Restore the Fourth, Inc. filed.
2023-02-16
Brief amicus curiae of The Rutherford Institute filed.
2023-02-09
Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2023.
2023-02-08
Motion to extend the time to file a response from February 16, 2023 to March 2, 2023, submitted to The Clerk.
2023-01-20
Brief amicus curiae of Pacific Legal Foundation filed.
2023-01-17
Response Requested. (Due February 16, 2023)
2023-01-11
DISTRIBUTED for Conference of 2/17/2023.
2023-01-03
Waiver of right of respondent Town of Leesburg, Alabama to respond filed.
2023-01-03
Waiver of right of respondent City of Satsuma to respond filed.
2023-01-03
Waiver of right of respondents Steven T. Marshall, et al. to respond filed.
2022-12-20
Petition for a writ of certiorari filed. (Response due January 23, 2023)
2022-11-16
Application (22A428) granted by Justice Thomas extending the time to file until December 28, 2022.
2022-11-07
Application (22A428) to extend the time to file a petition for a writ of certiorari from November 28, 2022 to January 12, 2023, submitted to Justice Thomas.