No. 23-1167
Dennis O'Connor v. Rachel Eubanks, et al.
Amici (2)Relisted (2)
Tags: 42-U.S.C.-§-1983 42-usc-1983 constitutional-history constitutional-taking federal-conflict personal-capacity personal-capacity-suit property-rights sovereign-immunity takings-clause
Key Terms:
SocialSecurity Takings DueProcess FifthAmendment Privacy JusticiabilityDoctri
SocialSecurity Takings DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference:
2024-10-11
(distributed 2 times)
Related Cases:
23-1227
(Vide)
Question Presented (AI Summary)
Whether a state's constitutional obligation to pay just compensation when taking property waives its sovereign immunity from a claim seeking damages for an unconstitutional taking?
Question Presented (from Petition)
QUESTIONS PRESENTED 1. Whether a state’s constitutional obligation to pay just compensation when taking property waives its sovereign immunity from a claim seeking damages for an unconstitutional taking? 2. Whether a property owner may sue a state official in their personal capacity under 42 U.S.C. § 1983 for a violation of the Takings Clause, as the First Circuit holds, or whether such a personal capacity suit is categorically “barred,” as the Sixth Circuit holds?
Docket Entries
2024-10-15
Petition DENIED.
2024-10-07
DISTRIBUTED for Conference of 10/11/2024.
2024-09-27
Rescheduled.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-15
Reply of Dennis O'Connor submitted.
2024-07-15
Reply of petitioner Dennis O'Connor filed.
2024-06-28
Brief of Rachael Eubanks, in her personal capacity; Terry Stanton, in his personal capacity; and the State of Michigan in opposition submitted.
2024-06-28
Brief of respondents Rachael Eubanks, in her personal capacity; Terry Stanton, in his personal capacity; and the State of Michigan in opposition filed.
2024-06-28
Brief of respondents Rachael Eubanks, et al. in opposition filed.
2024-05-30
Brief amicus curiae of Institute for Justice filed.
2024-05-29
Brief amicus curiae of Ohio Farm Bureau Federation filed.
2024-05-13
Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2024, for all respondents.
2024-05-09
Motion to extend the time to file a response from May 30, 2024 to June 28, 2024, submitted to The Clerk.
2024-04-26
Petition for a writ of certiorari filed. (Response due May 30, 2024)
2024-03-08
Application (23A822) granted by Justice Kavanaugh extending the time to file until April 29, 2024.
2024-03-04
Application (23A822) to extend the time to file a petition for a writ of certiorari from March 18, 2024 to April 29, 2024, submitted to Justice Kavanaugh.
Attorneys
Dennis O'Connor
J. David Breemer — Pacific Legal Foundation, Petitioner
J. David Breemer — Pacific Legal Foundation, Petitioner
Institute for Justice
Renee Denise Flaherty — Institute for Justice, Amicus
Renee Denise Flaherty — Institute for Justice, Amicus
Robert James McNamara — Institute for Justice, Amicus
Robert James McNamara — Institute for Justice, Amicus
Ohio Farm Bureau Federation
Rachael Eubanks, in her personal capacity; Terry Stanton, in his personal capacity; and the State of Michigan
Ann Maurine Sherman — Michigan Department of Attorney General, Respondent
Ann Maurine Sherman — Michigan Department of Attorney General, Respondent