No. 25-960

Oregon, et al. v. Paul Maney, et al.

Lower Court: Ninth Circuit
Docketed: 2026-02-13
Status: Pending
Type: Paid
Tags: corrections-leadership covid-19-response cruel-and-unusual-punishment eighth-amendment public-health-emergency qualified-immunity
Key Terms:
SocialSecurity Punishment
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Eighth Amendment requires state corrections leadership to implement a 'reasonable' statewide response to a public-health emergency, and whether the State of Oregon's COVID-19 pandemic response between March 2020 and May 2022 constituted cruel and unusual punishment for purposes of qualified immunity

Question Presented (from Petition)

1. Whether the Eighth Amendment requires state corrections leadership to implement an overall “reasonable” statewide response to a public-health emergency in the aggregate, across multiple years and facilities. 2. Whether it was clearly established for purposes of qualified immunity that the State of Oregon’s overall response to the COVID-19 pandemic between March 2020 and May 2022 would constitute cruel and unusual punishment, despite a federal judge ruling in June 2020 that the response met constitutional standards.

Docket Entries

2026-02-02
Petition for a writ of certiorari filed. (Response due March 16, 2026)
2025-12-04
Application (25A661) granted by Justice Kagan extending the time to file until February 2, 2026.
2025-12-03
Application (25A661) to extend the time to file a petition for a writ of certiorari from December 4, 2025 to February 2, 2026, submitted to Justice Kagan.

Attorneys

Oregon, et al.
Paul L. SmithOregon Department of Justice - Appellate Division, Petitioner
Paul L. SmithOregon Department of Justice - Appellate Division, Petitioner