No. 25-943
Antonio M. Smith v. John Kind, et al.
Amici (2)
Tags: clearly-established-law constitutional-rights deliberate-indifference eighth-amendment government-official qualified-immunity
Latest Conference:
2026-04-17
Question Presented (from Petition)
When a government official acts in an obviously unconstitutional manner, is that sufficient for the violation to be clearly established, as this Court has held and other Circuits have ruled in analogous circumstances, or is a violation clearly established only if there is binding precedent in a factually indistinguishable case, as the Seventh Circuit required here?
Question Presented (AI Summary)
When a government official acts in an obviously unconstitutional manner, is that sufficient for the violation to be clearly established, or is a violation clearly established only if there is binding precedent in a factually indistinguishable case?
Docket Entries
2026-03-25
DISTRIBUTED for Conference of 4/17/2026.
2026-03-25
Reply of Antonio M. Smith submitted.
2026-03-25
Reply of petitioner Antonio M. Smith filed. (Distributed)
2026-03-11
Brief of John Kind, et al. in opposition submitted.
2026-03-11
Amicus brief of Constitutional Accountability Center submitted.
2026-03-11
Amicus brief of Cato Institute, American Association for Justice, Public Justice, Due Process Institute submitted.
2026-03-11
Brief amicus curiae of Constitutional Accountability Center filed.
2026-03-11
Brief of respondents John Kind, et al. in opposition filed.
2026-03-11
Brief amici curiae of Cato Institute, et al. filed.
2026-01-30
Petition for a writ of certiorari filed. (Response due March 11, 2026)
2025-12-01
Application (25A618) granted by Justice Barrett extending the time to file until January 30, 2026.
2025-11-21
Application (25A618) to extend the time to file a petition for a writ of certiorari from December 1, 2025 to January 30, 2026, submitted to Justice Barrett.
Attorneys
Antonio M. Smith
Michael Anthony Scodro — Mayer Brown LLP, Petitioner
Cato Institute, American Association for Justice, Public Justice, Due Process Institute
Matthew P. Cavedon — Cato Institute, Amicus
Constitutional Accountability Center
John Kind, et al.
Jody Joyce Schmelzer — State of Wisconsin Department of Justice, Respondent