No. 19-6985

Boaz Pleasant-Bey v. Shelby County, Tennessee, et al.

Lower Court: Sixth Circuit
Docketed: 2019-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure appropriate-relief circuit-court-conflict first-amendment-free-exercise inmate-led-religious-services inmate-rights qualified-immunity rluipa rluipa-appropriate-relief-clause sixth-circuit trial-on-merits trial-on-the-merits
Key Terms:
SocialSecurity
Latest Conference: 2020-02-21
Question Presented (from Petition)

I.) WHETHER RLUIPA'S "APPROPRIATE RELIEF " CLAUSE ENCOMPASSES THE
REQUESTED RELIEF OF A TRIAL ON THE MERITS AND IF SO, DID PLAINTIFF'S
REQUEST OF A TRIAL ON THE MERITS IN HIS COMPLAINT ENTITLE HIM TO THE
APPROPRIATE RELIEF OF A TRIAL ON THE MERITS CONCERNING RLUIPA, AND
DID THE SIXTH CIRCUIT COURT OF APPEALS ERR IN FAILING TO CONSIDER
PLAINTIFF 'S APPROPRIATE RELIEF ARGUMENT IN HIS REPLY BRIEF?

II.) WHETHER THE 1st CIRCUIT'S RULING IN SPRATT AND THE 6th CIRCUIT'S RULING IN
SPIES CONFLICT EACHOTHER CONCERNING WHETHER INMATE-LED IS
CONSTITUTIONAL AND/OR PERMISSIBLE UNDER RLUIPA, AND IF SO, IS THE
SPRATT COURT CORRECT AND IF NOT, WHY IS THE SPIES COURT CORRECT?

III.) WHETHER THE GENERAL APPELLATE RULE THAT PROHIBITS CLAIMS FROM
BEING ADDRESSED BY APPELLATE COURTS ARE NOT RAISED ON APPEAL APPLY
TO A DEFENDANT 'S DEFENSES AND A PLAINTIFF'S ISSUES, AND IF SO DID THE
DEFENDANTS FAILURE TO TAKE THEIR TWO OPPORTUNITIES TO RAISE THEIR
QUALIFIED IMMUNITY ARGUMENTS TO THE 6th CIRCUIT OF THE APPEALS IN
THE TWO APPEALS IN THIS CASE CAUSE THAT DEFENSE TO BE WAIVED ON
REMAND?

Question Presented (AI Summary)

Whether RLUIPA's 'appropriate relief' clause encompasses the requested relief of a trial on the merits

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-02
Waiver of right of respondents Shelby Cty. Gov't, et al. to respond filed.
2019-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)

Attorneys

Boaz Pleasant-Bey
Boaz Pleasant-Bey — Petitioner
Shelby Cty. Gov't, et al.
Emmett Lee WhitwellShelby County Attorney's Office, Respondent