No. 23-915

Pleasant View Baptist Church, et al. v. Andrew Beshear

Lower Court: Sixth Circuit
Docketed: 2024-02-23
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 burden-of-proof civil-rights constitutional-rights covid-19-restrictions free-exercise free-exercise-clause qualified-immunity state-actor
Key Terms:
SocialSecurity FirstAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Whether qualified immunity applies to a state actor who violates the Free Exercise Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether qualified immunity applies to a state actor who, despite multiple circuit court decisions directing him not to burden religious activities more than secular activities where the risks of COVID-19 transmission are comparable for both, continues to violate the Free Exercise Clause by burdening religious activities more than secular activities where the risks of COVID-19 transmission are comparable for both? 2. Whether this Court should overrule, or at least modify, its prior cases concerning the defense of qualified immunity, at least as applied to a state actor who has the benefit of forethought and premeditation, where the defense is contrary to the plain text of 42 U.S.C. § 1983? 3. Whether qualified immunity is an affirmative defense with the burden of proof on the party raising it, or whether a plaintiff has the burden of disproving the defense?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-20
DISTRIBUTED for Conference of 4/12/2024.
2024-03-15
Waiver of right of respondent Andy Beshear to respond filed.
2024-02-20
2023-11-28
Application (23A481) granted by Justice Kavanaugh extending the time to file until February 20, 2024.
2023-11-22
Application (23A481) to extend the time to file a petition for a writ of certiorari from January 1, 2024 to February 20, 2024, submitted to Justice Kavanaugh.

Attorneys

Andy Beshear
Taylor Allen PayneOffice of the Governor of Kentucky, Respondent
Taylor Allen PayneOffice of the Governor of Kentucky, Respondent
Pleasant View Baptist Church, et al.
Thomas B. BrunsBruns, Connell, Vollmar & Armstrong, LLC, Petitioner
Thomas B. BrunsBruns, Connell, Vollmar & Armstrong, LLC, Petitioner