No. 22-585
Halima Tariffa Culley, et al. v. Steven T. Marshall, Attorney General of Alabama, et al.
Tags: civil-procedure civil-rights due-process judicial-forfeiture mathews-analysis probable-cause property-rights seizure-hearing speedy-trial takings
Latest Conference:
2023-04-14
(distributed 3 times)
Question Presented (from Petition)
In determining whether the Due Process Clause requires a state or local government to provide a post seizure probable cause hearing prior to a statutory judicial forfeiture proceeding and, if so, when such a hearing must take place, should district courts apply the "speedy trial" test employed in United States v. $8,850, 461 U.S. 555 (1983) and Barker v. Wingo, 407 U.S. 514 (1972), as held by the Eleventh Circuit or the three-part due process analysis set forth in Mathews v. Eldridge, 424 U.S. 319 (1976) as held by at least the Second, Fifth, Seventh, and Ninth Circuits.
Question Presented (AI Summary)
Whether the Due Process Clause requires a post-seizure probable-cause hearing prior to a statutory judicial-forfeiture proceeding
Docket Entries
2024-06-10
JUDGMENT ISSUED.
2024-05-09
Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
2023-10-30
Argued. For petitioners: Shay Dvoretzky, Washington, D. C. For respondents: Edmund G. LaCour, Jr., Solicitor General, Montgomery, Ala.; and Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington,
D. C. (for United States, as amicus curiae.)
2023-10-02
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2023-09-27
Record from the United States District Court for the Southern District of Alabama received electronically and available with the Clerk.
2023-09-13
Reply of petitioner Halima Tariffa Culley filed. (Distributed)
2023-09-07
Record from the United States Court of Appeals for the Eleventh Circuit available on PACER.
2023-09-06
CIRCULATED.
2023-09-06
Record requested from the United States Court of Appeals for the Eleventh Circuit.
2023-09-06
SET FOR ARGUMENT on Monday, October 30, 2023
2023-08-21
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2023-08-21
Brief amici curiae of Georgia, et al. filed.
2023-08-21
Brief amicus curiae of United States filed.
2023-08-21
Brief amici curiae of International Municipal Lawyers Association and National League of Cities filed.
2023-08-18
Brief amicus curiae of Wayne County, Michigan filed.
2023-08-14
Brief of respondents City of Satsuma, et al. filed.
2023-08-14
Brief of respondents Steven T. Marshall, et al. filed.
2023-06-29
Brief amici curiae of American Civil Liberties Union, American Civil Liberties Union of Alabama, Cato Institute, and Rutherford Institute filed.
2023-06-29
Brief amicus curiae of Restore the Fourth, Inc. filed. (July 6, 2023)
2023-06-29
Brief amicus curiae of Goldwater Institute; Pacific Legal Foundation; Manhattan Institute filed.
2023-06-29
Brief amicus curiae of Constitutional Accountability Center filed.
2023-06-29
Brief amicus curiae of The Buckeye Institute filed.
2023-06-29
Brief amicus curiae of National Federation of Independent Business Small Business Legal Center, Inc. filed.
2023-06-29
Brief amici curiae of Institute for Justice, Stephanie Wilson and Gerardo Serrano filed.
2023-06-28
Brief amicus curiae of The Legal Aid Society filed.
2023-06-22
Joint appendix filed. (Statement of costs filed)
2023-06-22
Brief of petitioner Halima Tariffa Culley filed.
2023-05-04
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 22, 2023. The time to file respondents' brief on the merits is extended to and including granted and the time is extended to and including August 14, 2023.
2023-04-27
Motion of the parties for an extension of time to file the briefs on the merits filed.
2023-04-17
Petition GRANTED.
2023-04-10
DISTRIBUTED for Conference of 4/14/2023.
2023-03-15
Reply of petitioners Halima Tariffa Culley, et al. filed. (Distributed)
2023-03-15
DISTRIBUTED for Conference of 3/31/2023.
2023-03-01
Brief of respondents Steven T. Marshall, Attorney General of Alabama, et al. in opposition filed.
2023-02-16
Brief amicus curiae of Restore the Fourth, Inc. filed.
2023-02-16
Brief amicus curiae of The Rutherford Institute filed.
2023-02-09
Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2023.
2023-02-08
Motion to extend the time to file a response from February 16, 2023 to March 2, 2023, submitted to The Clerk.
2023-01-20
Brief amicus curiae of Pacific Legal Foundation filed.
2023-01-17
Response Requested. (Due February 16, 2023)
2023-01-11
DISTRIBUTED for Conference of 2/17/2023.
2023-01-03
Waiver of right of respondent Town of Leesburg, Alabama to respond filed.
2023-01-03
Waiver of right of respondent City of Satsuma to respond filed.
2023-01-03
Waiver of right of respondents Steven T. Marshall, et al. to respond filed.
2022-12-20
Petition for a writ of certiorari filed. (Response due January 23, 2023)
2022-11-16
Application (22A428) granted by Justice Thomas extending the time to file until December 28, 2022.
2022-11-07
Application (22A428) to extend the time to file a petition for a writ of certiorari from November 28, 2022 to January 12, 2023, submitted to Justice Thomas.
Attorneys
American Civil Liberties Union, American Civil Liberties Union of Alabama, Cato Institute, and Rutherford Institute
City of Satsuma
Constitutional Accountability Center
Goldwater Institute; Pacific Legal Foundation; Manhattan Institute
Timothy Mason Sandefur — Goldwater Institute, Amicus
Halima Tariffa Culley
Shay Dvoretzky — Skadden, Arps, Slate, Meagher & Flom LLP, Petitioner
Institute for Justice, Stephanie Wilson and Gerardo Serrano
Robert Everett Johnson — Institute for Justice, Amicus
International Municipal Lawyers Association and National League of Cities
National Federation of Independent Business Small Business Legal Center, Inc.
Pacific Legal Foundation
Restore the Fourth, Inc.
State of Georgia, et al.
Steven T. Marshall, et al.
Edmund Gerard LaCour Jr. — Office of the Attorney General, Respondent
The Buckeye Institute
Jay Randall Carson — The Buckeye Institute, Amicus
The Legal Aid Society
Thomas M. O'Brien — The Legal Aid Society, Amicus
The Rutherford Institute
Gregory James DuBoff — McGuireWoods LLP, Amicus
Town of Leesburg, Alabama
Edgar Robert Haden — Balch & Bingham LLP, Respondent
Howard Edgar Howard — Ford, Howard & Cornett, P.C., Respondent
United States
Elizabeth B. Prelogar — Solicitor General, Amicus
Wayne County, Michigan