No. 20-7846

Angel Ortiz v. Dennis Breslin, Superintendent, Queensboro Correctional Facility, et al.

Lower Court: New York
Docketed: 2021-04-26
Status: Denied
Type: IFP
Amici (1)Response RequestedResponse WaivedRelisted (14)IFP
Tags: due-process eighth-amendment fourteenth-amendment homelessness housing-restrictions incarceration indigence liberty parole
Latest Conference: 2022-02-18 (distributed 14 times)
Question Presented (from Petition)

1) Does the Fourteenth Amendment prohibit prison authorities from indefinitely detaining supervisees based on an assumption that a municipality will not provide legally-mandated compliant housing?

2) Does the Eighth Amendment bar prison authorities from extending incarceration for individuals based on their homelessness and indigence?

Question Presented (AI Summary)

Does the Fourteenth Amendment prohibit prison authorities from indefinitely detaining supervisees based on an assumption that a municipality will not provide legally-mandated compliant housing?

Docket Entries

2022-02-22
Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
2022-02-11
DISTRIBUTED for Conference of 2/18/2022.
2022-01-18
Rescheduled.
2022-01-18
DISTRIBUTED for Conference of 1/21/2022.
2022-01-10
Rescheduled.
2022-01-10
DISTRIBUTED for Conference of 1/14/2022.
2022-01-04
Rescheduled.
2022-01-03
DISTRIBUTED for Conference of 1/7/2022.
2021-12-06
Rescheduled.
2021-12-06
DISTRIBUTED for Conference of 12/10/2021.
2021-11-29
Rescheduled.
2021-11-29
DISTRIBUTED for Conference of 12/3/2021.
2021-11-15
Rescheduled.
2021-11-15
DISTRIBUTED for Conference of 11/19/2021.
2021-11-09
Rescheduled.
2021-11-08
DISTRIBUTED for Conference of 11/12/2021.
2021-11-01
DISTRIBUTED for Conference of 11/5/2021.
2021-11-01
Rescheduled.
2021-10-25
Rescheduled.
2021-10-25
DISTRIBUTED for Conference of 10/29/2021.
2021-10-12
Rescheduled.
2021-10-12
DISTRIBUTED for Conference of 10/15/2021.
2021-10-05
Rescheduled.
2021-10-04
DISTRIBUTED for Conference of 10/8/2021.
2021-09-03
Rescheduled.
2021-08-12
DISTRIBUTED for Conference of 9/27/2021.
2021-08-10
Reply of petitioner Angel Ortiz filed. (Distributed)
2021-07-28
Brief of respondents Dennis Breslin, et al. in opposition filed.
2021-06-15
Motion to extend the time to file a response is granted and the time is extended to and including July 28, 2021.
2021-06-14
Motion to extend the time to file a response from June 28, 2021 to July 28, 2021, submitted to The Clerk.
2021-05-28
Response Requested. (Due June 28, 2021)
2021-05-20
Brief amicus curiae of Restorative Action Alliance, Inc. filed. (Distributed)
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-17
Waiver of right of respondent Dennis Breslin, et al. to respond filed.
2021-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2021)

Attorneys

Angel Ortiz
Lawrence T. HausmanThe Legal Aid Society, Petitioner
Dennis Breslin, et al.
Barbara Dale UnderwoodSolicitor General, Respondent
Brian David Ginsberg — Respondent
Restorative Action Alliance, Inc.
Janice Madelyn BellucciLaw Office of Janice M. Bellucci, Amicus