No. 23-649

Lisa Price, as Personal Representative of the Estate of Nickie Miller v. Montgomery County, Kentucky, et al.

Lower Court: Sixth Circuit
Docketed: 2023-12-15
Status: Denied
Type: Paid
Relisted (13) Experienced Counsel
Tags: 42-usc-1983 brady-v-maryland civil-rights court-order due-process exculpatory-evidence legal-discretion prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983
Key Terms:
SocialSecurity
Latest Conference: 2024-07-01 (distributed 13 times)
Question Presented (AI Summary)

Whether absolute immunity extends to a prosecutor's knowing destruction of exculpatory evidence

Question Presented (OCR Extract)

QUESTIONS PRESENTED Nickie Miller was wrongly incarcerated for two years for a murder he did not commit. The charges were based on a coerced confession from a woman who later wrote multiple letters admitting that her confession was false. The trial court ordered these exculpatory letters turned over to Miller’s defense team. But the lead prosecutor, Respondent Keith Craycraft, instead instructed the woman to destroy them. The charges were eventually dropped before trial. Miller then sued Respondent for damages under 42 U.S.C. § 1983. In a split decision, the Sixth Circuit held that Respondent was entitled to dismissal on absolute immunity grounds. The questions presented, each of which is the subject of a circuit conflict, are: 1. Is absolute immunity unavailable under § 1983 where a prosecutor knowingly destroys exculpatory evidence? 2. Is absolute immunity unavailable under § 1983 where a prosecutor defies a court order that compels specific action, leaving no room for the exercise of discretion?

Docket Entries

2024-07-02
Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-649_5i26.pdf'>Opinion</a>)
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-17
Rescheduled.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-06-10
Rescheduled.
2024-06-10
DISTRIBUTED for Conference of 6/13/2024.
2024-06-04
Rescheduled.
2024-06-03
DISTRIBUTED for Conference of 6/6/2024.
2024-05-28
Rescheduled.
2024-05-28
DISTRIBUTED for Conference of 5/30/2024.
2024-05-20
Rescheduled.
2024-05-20
DISTRIBUTED for Conference of 5/23/2024.
2024-05-14
Rescheduled.
2024-05-13
DISTRIBUTED for Conference of 5/16/2024.
2024-05-06
Rescheduled.
2024-05-06
DISTRIBUTED for Conference of 5/9/2024.
2024-04-22
Rescheduled.
2024-04-22
DISTRIBUTED for Conference of 4/26/2024.
2024-04-16
Rescheduled.
2024-04-15
DISTRIBUTED for Conference of 4/19/2024.
2024-04-09
Rescheduled.
2024-04-08
DISTRIBUTED for Conference of 4/12/2024.
2024-03-25
Rescheduled.
2024-03-25
DISTRIBUTED for Conference of 3/28/2024.
2024-03-19
Rescheduled.
2024-03-06
DISTRIBUTED for Conference of 3/22/2024.
2024-03-04
Reply of petitioner Lisa Price, Personal Representative of the Estate of Nickie Miller filed. (Distributed)
2024-02-15
2023-12-28
Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2024, for all respondents.
2023-12-27
Motion of Keith Craycraft to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
2023-12-13
2023-11-06
Application (23A404) granted by Justice Kavanaugh extending the time to file until December 13, 2023.
2023-11-01
Application (23A404) to extend the time to file a petition for a writ of certiorari from November 13, 2023 to December 13, 2023, submitted to Justice Kavanaugh.

Attorneys

Keith Craycraft
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Respondent
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Respondent
Lisa Price, Personal Representative of the Estate of Nickie Miller
E. Joshua RosenkranzOrrick, Herrington & Sutcliffe LLP, Petitioner
E. Joshua RosenkranzOrrick, Herrington & Sutcliffe LLP, Petitioner
Debra LoevyLoevy and Loevy, Petitioner
Debra LoevyLoevy and Loevy, Petitioner
Elliot Robert SlosarLoevy & Loevy, Petitioner
Elliot Robert SlosarLoevy & Loevy, Petitioner