No. 18-689

Mariano Moya, et al. v. Robert Garcia, Sheriff, Santa Fe County, New Mexico, et al.

Lower Court: Tenth Circuit
Docketed: 2018-11-26
Status: Denied
Type: Paid
Experienced Counsel
Tags: 42-usc-1983 arraignment causation civil-procedure civil-rights constitutional-rights detention due-process section-1983 standing state-court
Key Terms:
AdministrativeLaw SocialSecurity DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-03-15
Question Presented (from Petition)

When a jailer detains a person for an extended period with no access to a court hearing for arraignment and bail review, in violation of his or her Due Process rights, can the jailer avoid liability under § 1983 on the ground that the state court caused the violation because it bears sole responsibility for setting such a hearing?

Question Presented (AI Summary)

When a jailer detains a person for an extended period with no access to a court hearing for arraignment and bail review, in violation of his or her Due Process rights, can the jailer avoid liability under § 1983 on the ground that the state court caused the violation because it bears sole responsibility for setting such a hearing?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-02-15
Reply of petitioners Mariano Moya, et al. filed.
2019-02-01
Brief of respondents Robert Garcia, et al. in opposition filed.
2019-01-22
Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2019.
2019-01-18
Motion to extend the time to file a response from January 25, 2019 to February 1, 2019, submitted to The Clerk.
2018-12-26
Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2019.
2018-12-24
Motion to extend the time to file a response from December 26, 2018 to January 25, 2019, submitted to The Clerk.
2018-11-21
Petition for a writ of certiorari filed. (Response due December 26, 2018)
2018-09-27
Application (18A326) granted by Justice Sotomayor extending the time to file until November 23, 2018.
2018-09-25
Application (18A326) to extend the time to file a petition for a writ of certiorari from October 8, 2018 to November 23, 2018, submitted to Justice Sotomayor.

Attorneys

Mariano Moya, et al.
Linda T. CoberlyWinston & Strawn LLP, Petitioner
Robert Garcia, et al.
Eric F. CitronGoldstein & Russell, P.C., Respondent