No. 01-309 Status: DECIDED
Title: Larry Hope, Petitioner
v.
Mark Pelzer, et al.
Docketed:          Lower Ct: United States Court of Appeals for the Eleventh Circuit
August 21, 2001 (00-12150)

~~Date~~~~~~    ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Jul 28 2001Petition for writ of certiorari filed. (Response due September 20,
2001)
Jul 28 2001 Supplemental Appendix of petitioner filed.
Sep 26 2001 DISTRIBUTED for Conference of October 12, 2001
Oct 10 2001 Response requested.
Nov 9 2001Brief of respondents Mark Pelzer, et al. in opposition filed.
Nov 20 2001 REDISTRIBUTED for Conference of December 7, 2001
Dec 28 2001 REDISTRIBUTED for Conference of January 4, 2002
Jan 4 2002 Petition GRANTED.
SET FOR ARGUMENT April 17, 2002.
********************************************************
Jan 29 2002 The order granting the petition for a writ of certiorari is
amended as follows: "The petition for a writ of certiorari is
granted limited to the following questions: 1. Whether state
officials sued in their individual capacities under 42 U.S.C.
Section 1983 are entitled to qualified immunity unless they have
violated statutory or constitutional rights 'clearly established'
by a case presenting facts 'materially similar' to those in the
plainfiff's case. 2. Whether under the circumstances that must be
taken as true at the summary judgment of stage of this case, tying
a prisoner to a 'hitching post' violates 'clearly estalished'
constitutional rights for purposes of qualified immunity under 42
U.S.C. Section 1983."
Feb 13 2002 Time to file petitioner's brief extended to and including February
21, 2002. The brief must filed with the Clerk and served upon
opposing counsel on Feb. 21, 2002. Rule 29.2 does not apply.
Feb 19 2002Joint appendix filed.
Feb 19 2002Brief amicus curiae of United States filed.
Feb 21 2002Brief amici curiae of American Civil Liberties Union, et al. filed.
Feb 21 2002Brief of petitioner Larry Hope filed.
Mar 20 2002 CIRCULATED.
Mar 21 2002 Record filed.
Mar 25 2002Brief amici curiae of Missouri, et al. filed.
Mar 25 2002 Motion of the Solicitor General for leave to participate in oral
argument as amicus curiae and for divided argument filed.
Mar 25 2002Brief of respondents Mark Pelzer, Gene McClaran, and Jim Gates filed.
Mar 29 2002 Motion of Missouri, et al. for leave to participate in oral
argument as amici curiae and for divided argument filed.
Apr 1 2002 Motion of the Solicitor General for leave to participate in oral
argument as amicus curiae and for divided argument GRANTED.
Apr 8 2002Reply brief of petitioner Larry Hope filed.
Apr 12 2002 Motion of Missouri, et al. for leave to participate in oral
argument as amici curiae and for divided argument GRANTED.
Apr 17 2002 ARGUED.
Jun 27 2002 Adjudged to be REVERSED. Stevens, J., delivered the opinion of
the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and
Breyer, JJ., joined. Thomas, J., filed a dissenting opinion, in
which Rehnquist, C.J., and Scalia, J., joined.
Jul 26 2002 JUDGMENT ISSUED.
Nov 21 2002 Record returned to the USDC N. Dist. of Alabama.
 


~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
James Mendelsohn 1117 22nd Street South 2059390000
Birmingham, AL 35205
 
Craig T. Jones 3166 Mathieson Dr. 4048420851
Suite 100
Atlanta, GA 30305
Party name: Larry Hope
 
Attorneys for Respondent:
Ellen. Leonard Alabama Atty. General 3342427333
11 South Union Street
Montgomery, AL 36130
Party name: Mark Pelzer, et al.
 
Other Attorneys:
Solicitor General U.S. Department of Justice
Washington, DC 20530
 
Mark R. Brown Stetson University 7275627856
1401 61St Street, South
St. Petersburg, FL 33707
Party name: American Civil Liberties Union, et al.
 
Gene C. Schaerr Sidley Austin Brown Wood 2027368000
1501 K Street, NW
Washington, DC 20005
Party name: Missouri, et al.