No. 23-387

Taylor Carlisle, Individually and as Representative Member of a Class, et al. v. Joseph P. Lopinto, III, Sheriff, et al.

Lower Court: Fifth Circuit
Docketed: 2023-10-12
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 42-usc-1983 civil-rights drug-court due-process habeas heck-doctrine over-detention preiser-doctrine qualified-immunity
Key Terms:
SocialSecurity DueProcess HabeasCorpus Securities JusticiabilityDoctri ClassAction
Latest Conference: 2024-02-16 (distributed 2 times)
Question Presented (from Petition)

1. In the absence of judicial proceedings conducted on the record with due process, are the minute entries "orders" and are the sanctions within the class of "convictions or sentences" considered in Heck v. Humphrey and Preiser v. Rodriguez?

2. Are the 42 U.S.C. § 1983 over-detention claims for damages/injunctive relief barred by Heck, Preiser, or permitted under Spencer v Kemna? Is the court's narrow construction of the credits claim a restriction on current Fed. R. Civ. P. 8 and 15 liberal construction?

3. Are "due process waivers" executed at plea, applicable to drug court "contempt" sanctions; do they provide qualified immunity to licensed private healthcare providers contracted to provide clinical supervision to the drug courts?

Question Presented (AI Summary)

Whether minute entries documenting incarceration without judicial proceedings are 'orders' and 'convictions or sentences' under Heck and Preiser

Docket Entries

2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2024-01-29
Reply of petitioners Taylor Carlisle, Individually and as Representative Member of a Class, et al. filed. (Distributed)
2024-01-11
Brief of respondents Joseph P. Lopinto III, et al. in opposition filed.
2024-01-09
Motion to extend the time to file a response is granted and the time is extended to and including January 12, 2024.
2024-01-05
2024-01-05
Motion to extend the time to file a response from January 5, 2024 to January 12, 2024, submitted to The Clerk.
2023-12-06
Response Requested. (Due January 5, 2024)
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-13
Waiver of right of respondents Joe McNair, McNair & McNair, LLC and Philadelphia Indemnity Insurance Co. to respond filed.
2023-09-20
Petition for a writ of certiorari filed. (Response due November 13, 2023)

Attorneys

Joe McNair, McNair & McNair, LLC and Philadelphia Indemnity Insurance Co.
Francis H. Brown IIIMcGlinchey Stafford, PLLC, Respondent
Newell Normand, Sheriff and Administrator of the Jefferson Parish Correctional Center and Sheriff Joseph P. Lopinto, III
Daniel Rault MartinyMartiny & Associates, LLC, Respondent
Sheriff Joseph P. Lopinto, III
James B. MullalyMartiny & Associates, LLc, Respondent
Taylor Carlisle, Individually and as Representative Member of a Class, et al.
Marie Riccio WisnerLaw Offices of Marie Riccio, Petitioner