No. 25-491

Gillian Filyaw v. Steve Corsi, in His Official Capacity as Chief Executive Officer of the Nebraska Department of Health and Human Services, et al.

Lower Court: Eighth Circuit
Docketed: 2025-10-21
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: due-process ex-parte-young federal-law prospective-relief sovereign-immunity state-officials
Latest Conference: 2026-01-16
Question Presented (from Petition)

When a suit alleges that state officials are depriving a plaintiff of property in violation of due process, does the suit allege an ongoing violation of the law for which prospective relief is available under Ex parte Young?

Question Presented (AI Summary)

When a suit alleges that state officials are depriving a plaintiff of property in violation of due process, does the suit allege an ongoing violation of the law for which prospective relief is available under Ex parte Young?

Docket Entries

2026-01-20
Petition DENIED.
2025-12-30
DISTRIBUTED for Conference of 1/16/2026.
2025-12-23
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2025-12-23
Waiver of Gillian Filyaw of the 14-day waiting period submitted.
2025-12-22
Reply of petitioner Gillian Filyaw filed.
2025-12-22
Reply of petitioner Gillian Filyaw filed. (Distributed)
2025-12-22
Reply of Gillian Filyaw submitted.
2025-12-10
Brief of Steve Corsi, et al. in opposition submitted.
2025-12-10
Brief of respondents Steve Corsi, et al. in opposition filed.
2025-11-20
Brief amici curiae of Legal Scholars filed.
2025-11-20
Brief amicus curiae of Liberty Justice Center filed.
2025-11-20
Amicus brief of Liberty Justice Center submitted.
2025-11-12
Motion to extend the time to file a response is granted and the time is extended to and including December 10, 2025, for all respondents.
2025-11-07
Motion to extend the time to file a response from November 20, 2025 to December 10, 2025, submitted to The Clerk.
2025-11-07
Motion of Steve Corsi, et al. for an extension of time submitted.
2025-10-17
Petition for a writ of certiorari filed. (Response due November 20, 2025)

Attorneys

Gillian Filyaw
Neal Kumar KatyalMilbank LLP, Petitioner
Legal Scholars
Danielle Cheree JefferisUniversity of Nebraska College of Law, Amicus
Liberty Justice Center
Jeffrey Michael SchwabLiberty Justice Center, Amicus
Steve Corsi, et al.
Cody Steven BarnettNebraska Department of Justice, Respondent