No. 24-21

Tina Gerlach v. Todd Rokita, Attorney General of Indiana, et al.

Lower Court: Seventh Circuit
Docketed: 2024-07-09
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 42-u.s.c-1983 42-usc-1983 constitutional-violation federal-conflict just-compensation personal-capacity personal-capacity-suit sovereign-immunity takings-clause
Key Terms:
SocialSecurity Takings DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2025-01-10 (distributed 2 times)
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 state officials 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 barred, as the Seventh and Sixth Circuits hold? ii STATEMENT OF

Docket Entries

2025-01-13
Petition DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-12
2024-12-12
2024-12-02
2024-09-26
Motion to extend the time to file a response is granted in part, and the time is extended to and including December 2, 2024.
2024-09-20
Motion to extend the time to file a response from October 18, 2024 to December 17, 2024, submitted to The Clerk.
2024-09-18
Response Requested. (Due October 18, 2024)
2024-08-07
DISTRIBUTED for Conference of 9/30/2024.
2024-08-01
Waiver of Todd Rokita, in his official capacity as Indiana Attorney General and his individual capacity, et al. of right to respond submitted.
2024-08-01
Waiver of right of respondent Todd Rokita, in his official capacity as Indiana Attorney General and his individual capacity, et al. to respond filed.
2024-07-03
2024-05-09
Application (23A995) granted by Justice Barrett extending the time to file until July 3, 2024.
2024-05-06
Application (23A995) to extend the time to file a petition for a writ of certiorari from June 4, 2024 to July 3, 2024, submitted to Justice Barrett.

Attorneys

Tina Gerlach
J. David BreemerPacific Legal Foundation, Petitioner
J. David BreemerPacific Legal Foundation, Petitioner
Todd Rokita, in his official capacity as Indiana Attorney General and his individual capacity, et al.
James Allen BartaOffice of the Indiana Attorney General, Respondent
James Allen BartaOffice of the Indiana Attorney General, Respondent