| 24-736 |
Village Communities, LLC, et al. v. San Diego County, California, et al. |
Ninth Circuit |
2025-01-13 |
Denied |
Response Waived |
fifth-amendment inverse-condemnation land-use-permit property-rights takings-claim unconstitutional-conditions |
1. Whether the Ninth Circuit's holding that a land use permit applicant/landowner must show the government's permit condition would coerce the applica… |
| 24-268 |
Housing First Minnesota v. City of Corcoran, Minnesota, et al. |
Minnesota |
2024-09-10 |
Denied |
Response Waived |
building-permits koontz-doctrine property-rights takings-clause unconstitutional-conditions user-fees |
1. Whether valuation-based building permit fees are exempt from unconstitutional conditions analysis under Koontz v. St. Johns River Water Management … |
| 23-626 |
Elon Musk v. Securities and Exchange Commission |
Second Circuit |
2023-12-11 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
civil-rights constitutional-rights first-amendment free-speech government-action sec-enforcement settlement settlement-agreement standing unconstitutional-conditions |
Whether a party's acceptance of a benefit prevents that party from contending that the government violated the unconstitutional conditions doctrine in… |
| 23-488 |
Bruce R. Sands, Jr. v. Patricia V. Bradley, Warden |
Ninth Circuit |
2023-11-08 |
Denied |
|
28-usc-2241 constitutional-conditions federal-jurisdiction habeas-corpus incarceration incarceration-claims jurisdiction prisoner-rights release unconstitutional-conditions |
Whether federal courts have jurisdiction under
28 U.S.C. § 2241 over a petition for habeas corpus alleging that a prisoner's unconstitutional conditio… |
| 22-1162 |
Frank Lawrence, Jr. v. United States District Court for the Western District of Michigan |
Sixth Circuit |
2023-05-31 |
Denied |
|
abuse-of-discretion bar-admission due-process free-speech independent-review speech-related-activities standard-of-review unconstitutional-conditions |
The Sixth Circuit determined in this case that although "the Supreme Court has not formally announced the proper standard of review for bar-admission … |
| 22-6411 |
Granville Ritchie v. Florida |
Florida |
2022-12-29 |
Denied |
IFP |
anti-immigrant capital-penalty capital-punishment constitutional-rights equal-protection immigration-status impartial-jury jury-bias prosecutorial-misconduct unconstitutional-conditions |
Does the United States Constitution prohibit a prosecutor from suggesting to a capital penalty jury that the defendant, as a foreigner and an immigran… |
| 22-536 |
Eliezer Alberto Jimenez v. United States |
Sixth Circuit |
2022-12-12 |
Denied |
|
constitutional-rights criminal-procedure guilty-plea habeas-corpus miscarriage-of-justice unconstitutional-conditions waiver-of-rights |
This case presents a recurring constitutional question of exceptional importance. The Court has said in a variety of contexts that "the government may… |
| 22-404 |
Jane Goe, Sr., on Behalf of Herself and Her Minor Child, et al. v. James V. McDonald, et al. |
Second Circuit |
2022-11-01 |
Denied |
Response Waived |
due-process fundamental-rights jacobson-v-massachusetts medical-exemption public-health strict-scrutiny unconstitutional-conditions vaccine-mandate |
1. Whether families have a fundamental right to a medical exemption in cases where their child's state-licensed physician determines that the child is… |
| 21-1181 |
Lyndsey Ballinger, et al. v. City of Oakland, California |
Ninth Circuit |
2022-02-28 |
Denied |
Amici (3) |
dolan-v-city-of-tigard due-process fourth-amendment nollan-v-california-coastal-commission property-rights seizure state-action takings tenant-rights unconstitutional-conditions |
1. Whether the unconstitutional conditions tests in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S… |
| 21-218 |
John Pietsch, et al. v. Ward County, North Dakota, et al. |
Eighth Circuit |
2021-08-16 |
Denied |
|
dolan-v-city-of-tigard extortionate-exaction fifth-amendment fifth-amendment-takings injunctive-relief nollan-dolan-test nollan-v-california-coastal-commission remedy takings-clause unconstitutional-conditions |
1. Does the violation of the "unconstitutional conditions doctrine" for an extortionate exaction under Nollan v. California Coastal Commission, 483 U.… |
| 20-1212 |
Peyman Pakdel, et ux. v. City and County of San Francisco, California, et al. |
Ninth Circuit |
2021-03-03 |
GVR |
Amici (3)Relisted (4) |
42-usc-1983 administrative-remedies exhaustion-of-remedies finality-requirement land-use-regulation property-rights regulatory-takings takings-claim unconstitutional-conditions williamson-county |
Planning for their retirement home, Petitioners (the Pakdels) purchased a tenancy-in-common interest in a six-unit building in San Francisco, which ga… |
| 20-537 |
Jeffrey J. Walker, et al. v. Minnesota Commissioner of Management and Budget |
Minnesota |
2020-10-22 |
Denied |
Response Waived |
due-process exactions just-compensation land-use-permit special-assessments subdivision takings unconstitutional-conditions |
Federal Issue I. Do States or their agencies or subdivisions have the power to require the waiver of just compensation for land taken by special asses… |
| 19-123 |
Sharonell Fulton, et al. v. City of Philadelphia, Pennsylvania, et al. |
Third Circuit |
2019-07-25 |
Judgment Issued |
Amici (87)Relisted (7) |
circuit-split civil-rights discrimination employment-division-v-smith first-amendment foster-care free-exercise general-applicability government-neutrality neutral-and-generally-applicable neutral-laws religious-discrimination religious-liberty unconstitutional-conditions |
The City of Philadelphia chose to exclude a religious agency from the City's foster care system unless the agency agreed to act and speak in a manner … |
| 18-1538 |
Dartmond Cherk, et al. v. Marin County, California |
California |
2019-06-13 |
Denied |
Amici (4)Response RequestedRelisted (4) |
development-exactions development-fees dolan-v-city-of-tigard due-process essential-nexus koontz-v-st-johns-river-water-management-district land-use legislative-exactions nollan-v-california-coastal-commission permit-conditions property-rights rough-proportionality takings takings-clause unconstitutional-conditions |
1. Whether permit conditions are exempt from review under the unconstitutional-conditions doctrine when their intended purpose is not to mitigate adve… |
| 18-8572 |
Christopher Jones v. Florida |
Florida |
2019-03-27 |
Denied |
IFP |
community-control-violations community-controller constitutional-interpretation continuance counsel-of-choice due-process judicial-review legal-procedure right-to-counsel speedy-trial statutory-analysis unconstitutional-conditions unrepresented-defendant violation-proceedings |
1. Whether there i8 wilthin the minimum requirements of due process, a minimum set of guidelines to be considered by a Court, in olation proceedings, … |
| 18-1099 |
Janie L. Robinson v. State Compensation Mutual Insurance Fund |
Montana |
2019-02-22 |
Denied |
Response Waived |
4th-amendment civil-rights constitutional-rights due-process grand-bargain medical-examination new-york-central-v-white search search-and-seizure state-authority unconstitutional-conditions workers-compensation |
Montana law authorizes workers compensation
insurers to "doctor shop" by compelling repetitive medical examinations without demonstrating good cause.
… |
| 18-743 |
White Oak Realty, LLC, et al. v. Army Corps of Engineers, et al. |
Fifth Circuit |
2018-12-11 |
Denied |
Response Waived |
agency-action agency-authority chevron-deference congressional-authority federal-contracts property-rights public-projects regulatory-authority statutory-interpretation unconstitutional-conditions |
1. Where a statute directs an agency to carry out
and pay for a federal project for public benefit
without granting express authority to regulate
priv… |
| 18-54 |
William A. Dabbs, Jr. v. Anne Arundel County, Maryland |
Maryland |
2018-07-10 |
Denied |
Amici (2) |
development-exaction dolan-v-city-of-tigard due-process koontz-v-st-johns-river-water-management-district land-use land-use-development land-use-regulation legislative-exactions legislative-taking monetary-exaction nollan-v-california-coastal-commission permit-conditions property-rights takings takings-clause unconstitutional-conditions |
Whether legislatively proscribed monetary exactions on land use development are subject to scrutiny under the unconstitutional conditions doctrine as … |