No. 18-67

James Thomas Hurst, II v. James Caldwell, et al.

Lower Court: Kentucky
Docketed: 2018-07-12
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 42-usc-1983 civil-rights civil-rights-act deshaney deshaney-doctrine due-process government-liability police-misconduct section-1983 special-relationship special-relationship-rule state-actor-liability state-created-danger
Latest Conference: 2018-10-26 (distributed 2 times)
Question Presented (from Petition)

1. Does the special relationship rule articulated by this Court in Deshaney, supra, apply to shield a state actor from liability under 42 U.S.C. § 1983, when the challenged conduct by that actor specifically targets an individual by name and directly puts them in danger?

2. If the special relationship rule is applicable to state action that specifically targets a particular individual, does the state-created danger doctrine that originated from the lower federal court's interpretation of this Court's holding in DeShaney, supra, apply even if the increased danger is from the potential acts of other state actors instead of private actors?

Question Presented (AI Summary)

Does the special relationship rule articulated by this Court in DeShaney apply to shield a state actor from liability under 42 U.S.C. § 1983 when the challenged conduct by that actor specifically targets an individual by name and directly puts them in danger?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-10-03
Reply of petitioner James Thomas Hurst, II filed.
2018-09-24
Brief of respondents James Caldwell, et al. in opposition filed.
2018-08-23
Response Requested. (Due September 24, 2018)
2018-08-08
DISTRIBUTED for Conference of 9/24/2018.
2018-07-23
Waiver of right of respondent James Caldwell, et al. to respond filed.
2018-07-09
Petition for a writ of certiorari filed. (Response due August 13, 2018)
2018-05-07
Application (17A1223) granted by Justice Kagan extending the time to file until July 7, 2018.
2018-04-27
Application (17A1223) to extend the time to file a petition for a writ of certiorari from May 8, 2018 to July 7, 2018, submitted to Justice Kagan.

Attorneys

James Caldwell, et al.
Erica Keenan MackWalther, Roark & Gay, PLC, Respondent
James Thomas Hurst, II
Andrew J. HorneHorne Law Office, Petitioner