No. 24-1045

City of Los Angeles, California v. Jesus Pimentel, et al.

Lower Court: Ninth Circuit
Docketed: 2025-04-01
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 burden-of-proof eighth-amendment excessive-fines gross-disproportionality prima-facie-case
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FirstAmendment Punishment ClassAction JusticiabilityDoctri
Latest Conference: 2025-05-22
Question Presented (AI Summary)

Does a government defending against an Eighth Amendment excessive fines claim under 42 U.S.C. § 1983 bear a burden to produce affirmative evidence that the fine is not grossly disproportionate to the gravity of the offense, when the plaintiff lacks evidence to establish a prima facie case of gross disproportionality as required by United States v. Bajakajian

Question Presented (OCR Extract)

Does a government defending against an Eighth Amendment excessive fines claim under 42 U.S.C. § 1983 bear a burden to produce affirmative evidence that the fine is not grossly disproportionate to the gravity of the offense, when the plaintiff lacks evidence to establish a prima facie case of gross disproportionality as required by United States v. Bajakajian , 524 U.S. 321 (1998)?

Docket Entries

2025-05-27
Petition DENIED.
2025-05-06
DISTRIBUTED for Conference of 5/22/2025.
2025-04-30
Waiver of Jesus Pimentel, et al. of right to respond submitted.
2025-04-30
Waiver of right of respondent Jesus Pimentel, et al. to respond filed.
2025-03-28
Petition for a writ of certiorari filed. (Response due May 1, 2025)
2024-12-13
Application (24A579) granted by Justice Kagan extending the time to file until March 28, 2025.
2024-12-10
Application (24A579) to extend the time to file a petition for a writ of certiorari from January 28, 2025 to March 28, 2025, submitted to Justice Kagan.

Attorneys

City of Los Angeles
Timothy William MartinLos Angeles City Attorney's Office, Petitioner
Jesus Pimentel, et al.
Paul Lindsey HoffmanSSHHZ LLP, Respondent