No. 24-857

Brian Estrada v. Jacob Smart

Lower Court: Tenth Circuit
Docketed: 2025-02-11
Status: Denied
Type: Paid
Tags: administrative-exhaustion civil-rights excessive-force jury-trial section-1983 seventh-amendment
Key Terms:
SocialSecurity Securities
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Seventh Amendment's right to a trial by jury extends to issues of fact related to the exhaustion of administrative remedies

Question Presented (OCR Extract)

In SEC v. Jarkesy , 603 U.S. 109 (2024) , the Court held that a jury must decide claims that are “legal in nature,” which are assessed based on historical analogy and the remedy sought, with “money damages” being the “prototypical common law remedy.” Id. at 122-23. Petitioner Brian Estrada brought suit under 42 U.S.C. § 1983, alleging excessive force and seeking money damages. Despite Mr. Estrada bringing a claim that was legal in nature, the Tenth Circuit found that a judge , not a jury, should decide issues of fact related to whether Mr. Estrada’s suit should be dismissed for failure to exhaust administrative remedies. The ques tions presented are: 1. Whether the Seventh Amendment ’s right to a trial by jury extends to issues of fact related to the exhaustion of administrative remedies. This question is presented in the merits briefing in Perttu v. Richards , No. 23 -1324, scheduled for argument on February 25, 2025. 2. Whether a courthouse shooting is a “prison condition,” as that term is used in 42 U.S.C. § 1997e(a). (ii)

Docket Entries

2025-10-06
Petition DENIED.
2025-08-06
DISTRIBUTED for Conference of 9/29/2025.
2025-08-04
2025-08-04
Reply of Brian Estrada submitted.
2025-07-18
2025-07-18
Brief of Jacob Smart in opposition submitted.
2025-06-24
Motion to extend the time to file a response is granted and the time is further extended to and including July 18, 2025.
2025-06-23
Motion to extend the time to file a response from July 3, 2025 to July 18, 2025, submitted to The Clerk.
2025-06-23
Motion of Jacob Smart for an extension of time submitted.
2025-06-16
Motion to extend the time to file a response is granted and the time is further extended to and including July 3, 2025.
2025-06-13
Motion to extend the time to file a response from June 20, 2025 to July 3, 2025, submitted to The Clerk.
2025-06-13
Motion of Jacob Smart for an extension of time submitted.
2025-05-27
Motion to extend the time to file a response is granted and the time is further extended to and including June 20, 2025.
2025-05-23
Motion of Jacob Smart for an extension of time submitted.
2025-05-23
Motion to extend the time to file a response from June 6, 2025 to June 20, 2025, submitted to The Clerk.
2025-04-30
Motion to extend the time to file a response is granted and the time is further extended to and including June 6, 2025.
2025-04-29
Motion to extend the time to file a response from May 9, 2025 to June 6, 2025, submitted to The Clerk.
2025-04-29
Motion of Jacob Smart for an extension of time submitted.
2025-04-02
Motion to extend the time to file a response is granted and the time is further extended to and including May 9, 2025.
2025-04-01
Motion to extend the time to file a response from April 11, 2025 to May 9, 2025, submitted to The Clerk.
2025-04-01
Motion of Jacob Smart for an extension of time submitted.
2025-03-04
Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2025.
2025-03-03
Motion to extend the time to file a response from March 13, 2025 to April 11, 2025, submitted to The Clerk.
2025-03-03
Motion of Jacob Smart for an extension of time submitted.
2025-02-07
2024-12-20
Application (24A394) granted by Justice Gorsuch extending the time to file until February 7, 2025.
2024-12-16
Application (24A394) to extend further the time from January 9, 2025 to February 8, 2025, submitted to Justice Gorsuch.
2024-10-23
Application (24A394) granted by Justice Gorsuch extending the time to file until January 9, 2025.
2024-10-21
Application (24A394) to extend the time to file a petition for a writ of certiorari from December 10, 2024 to January 9, 2025, submitted to Justice Gorsuch.

Attorneys

Brian Estrada
Nicole Louise MasielloArnold & Porter Kaye Scholer, Petitioner
Nicole Louise MasielloArnold & Porter Kaye Scholer, Petitioner
Jacob Smart
Shannon Wells StevensonColorado Department of Law, Respondent
Shannon Wells StevensonColorado Department of Law, Respondent