No. 23A481

Pleasant View Baptist Church, et al. v. Andrew Beshear

Lower Court: Sixth Circuit
Docketed: 2023-11-28
Status: Presumed Complete
Type: A
Tags: covid-19-restrictions first-amendment free-exercise hybrid-rights qualified-immunity religious-schools
Key Terms:
FirstAmendment DueProcess
Latest Conference: N/A
Question Presented (from Petition)

Whether this Court should limit qualified immunity for executive branch officials who have the benefit of deliberative process and legal counsel, particularly where there are prior published cases directed at that official on nearly identical facts; whether the Free Exercise Clause was violated in a way to overcome qualified immunity by the Respondent when he shuttered religious schools but permitted similar secular activities from a COVID-19 risk perspective to remain operational, following this Court's decision in Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S.Ct. 63 (2020); whether the right to Association and the education of children were violated and whether hybrid rights were violated?

Question Presented (AI Summary)

Whether qualified immunity should be limited for executive branch officials who imposed COVID-19 restrictions that discriminatorily impacted religious schools' free exercise rights

Docket Entries

2023-11-28
Application (23A481) granted by Justice Kavanaugh extending the time to file until February 20, 2024.
2023-11-22
Application (23A481) to extend the time to file a petition for a writ of certiorari from January 1, 2024 to February 20, 2024, submitted to Justice Kavanaugh.

Attorneys

Pleasant View Baptist Church, et al.
Thomas B. BrunsBruns, Connell, Vollmar & Armstrong, LLC, Petitioner