No. 21-1598
City of Anaheim, California, et al. v. Fermin Vincent Valenzuela, et al.
Amici (2)
Tags: 42-usc-1983 42-usc-1988 circuit-split civil-rights federal-court hedonic-damages robertson-v-wegmann section-1983 state-law survivorship-claim wrongful-death
Key Terms:
SocialSecurity
SocialSecurity
Latest Conference:
2022-12-09
Question Presented (from Petition)
Under Robertson v. Wegmann, 436 U.S. 584 (1978) must a federal court apply a state law prohibition on hedonic damages to a 42 U.S.C. § 1983 survival claim as the Sixth Circuit held in Frontier Ins. Co. v. Blatty, 454 F.3d 590, 601-03 (6th Cir. 2006), or is a limitation on such damages inconsistent with the purposes of § 1983, as held by the Ninth Circuit here and the Seventh Circuit in Bell v. City of Milwaukee, 746 F.2d 1205, 1239 (7th Cir. 1984)?
Question Presented (AI Summary)
Whether state law prohibitions on hedonic damages apply to 42 U.S.C. § 1983 survival claims
Docket Entries
2022-12-12
Petition DENIED.
2022-11-22
DISTRIBUTED for Conference of 12/9/2022.
2022-10-07
Reply of petitioners City of Anaheim, California, et al. filed.
2022-09-26
Brief of respondents Fermin Vincent Valenzuela, et al. in opposition filed.
2022-07-28
Brief amicus curiae of Association of Southern California Defense Counsel filed.
2022-07-28
Brief amici curiae of International Municipal Lawyers Association and League of California Cities filed.
2022-07-14
Motion to extend the time to file a response is granted and the time is extended to and including September 26, 2022.
2022-07-12
Motion to extend the time to file a response from July 28, 2022 to September 26, 2022, submitted to The Clerk.
2022-06-24
Petition for a writ of certiorari filed. (Response due July 28, 2022)
Attorneys
Association of Southern California Defense Counsel
Christopher David Hu — Horvitz & Levy LLP, Amicus
City of Anaheim, et al.
Timothy Towery Coates — Greines, Martin, Stein & Richland LLP, Petitioner
Fermin Vincent Valenzuela, et al.
International Municipal Lawyers Association and League of California Cities