No. 24-21
Tina Gerlach v. Todd Rokita, Attorney General of Indiana, et al.
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
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
Reply of Tina Gerlach submitted.
2024-12-12
Reply of petitioner Tina Gerlach filed.
2024-12-02
Brief of respondents Todd Rokita, et al. in opposition filed.
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
Petition for a writ of certiorari filed. (Response due August 8, 2024)
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 Breemer — Pacific Legal Foundation, Petitioner
J. David Breemer — Pacific Legal Foundation, Petitioner
Todd Rokita, in his official capacity as Indiana Attorney General and his individual capacity, et al.
James Allen Barta — Office of the Indiana Attorney General, Respondent
James Allen Barta — Office of the Indiana Attorney General, Respondent