No. 23-664

Ralph Harrison Benning v. Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-12-20
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 42-U.S.C.-§-1983 civil-rights constitutional-safeguards correspondence correspondence-interception due-process email prisoner-rights qualified-immunity
Key Terms:
DueProcess FirstAmendment FourthAmendment JusticiabilityDoctri
Latest Conference: 2024-04-26 (distributed 2 times)
Question Presented (from Petition)

1. Where the Supreme Court has required that a prisoner is entitled to procedural safeguards if their "correspondence" is intercepted, are respondents entitled to qualified immunity simply because the correspondence in the Supreme Court case was postal mail, rather than email?

2. Should the doctrine of qualified immunity be abolished, pared back, or clarified?

Question Presented (AI Summary)

Whether the Due Process Clause requires notice and opportunity to be heard when a prisoner's outgoing emails are intercepted

Docket Entries

2024-04-29
Petition DENIED.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-04-08
2024-03-22
Brief of respondents Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al. in opposition filed.
2024-02-01
Motion to extend the time to file a response is granted and the time is extended to and including March 22, 2024.
2024-01-31
Motion to extend the time to file a response from February 21, 2024 to March 22, 2024, submitted to The Clerk.
2024-01-22
Response Requested. (Due February 21, 2024)
2024-01-19
2024-01-12
2024-01-10
DISTRIBUTED for Conference of 2/16/2024.
2024-01-04
Waiver of right of respondents Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al. to respond filed.
2023-12-15
2023-10-25
Application (23A376) granted by Justice Thomas extending the time to file until December 15, 2023.
2023-10-23
Application (23A376) to extend the time to file a petition for a writ of certiorari from November 15, 2023 to January 12, 2024, submitted to Justice Thomas.

Attorneys

Cato Institute
Clark M. Neily IIICato Institute, Amicus
Institute for Justice
Marie Leora MillerInstitute for Justice, Amicus
Anna Aleksandrovna BidwellInstitute for Justice, Amicus
Patrick Michael JaicomoInstitute for Justice, Amicus
Ralph Harrison Benning
Robert Stanton JonesArnold & Porter Kaye Scholer LLP, Petitioner
Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al.
Stephen John PetranyGeorgia Department of Law, Respondent