Federal Judiciary

Today’s orders

By Akin Gump Supreme Court Practice Group

The Court has granted cert. in four cases:

• Connick v. Thompson (09-571), limited to the first question presented (Does imposing liability for failing to train a prosecutor on a district attorney?s office for a single Brady violation contravene rigorous culpability and causation standards?)
• Belleque v. Moore (09-658)
• Kasten v. Saint-Gobain Performance Plastics Corp. (09-834)
• Flores-Villar v. United States (09-5801)

Briefs and questions presented in the granted cases appear below the jump.

We also have some notable denials.  The Court denied the “second” Kiyemba v. Obama case and the motion for a preliminary injunction in the Asian carp case.  Cert. was denied in Nurre v. Whitehead (09-671), with a dissent by Justice Alito.

The full orders list is here.

Title: Connick v. Thompson
Docket: 09-571
Issue: (1) Does imposing liability for failing to train a prosecutor on a district attorney?s office for a single Brady violation contravene rigorous culpability and causation standards? (2) Does imposing failure-to-train liability on a district attorney?s office for a single Brady violation undermine prosecutors? absolute immunity?

• Ruling denying retrial below and judgment below (District Court for the Eastern District of Louisiana; 5th Circuit en banc panel split evenly, affirming the district court decision)
• Petition for certiorari
• Brief in opposition
• Petitioners? reply
• Amicus brief of the National District Attorneys Association
• Amicus brief of Orleans Parish Assistant District Attorneys

Title: Belleque v. Moore
Docket: 09-658
Issues: (1) Whether the Fulminante standard — that the erroneous admission of a coerced confession at the trial is not harmless — applies when a collateral challenge is based on a defense attorney?s decision not to move to suppress a confession prior to a guilty or no contest plea, even though no record of a trial is available for review, and (2) even if it does, is it “clearly established Federal law” for purposes of 28 U.S.C. § 2254(d)(1).

• Opinion below (9th Circuit)
• Petition for certiorari
• Petitioner’s reply

Title: Kasten v. Saint-Gobain Performance Plastics Corp.
Docket: 09-834
Issue: Is an oral complaint of a violation of the Fair Labor Standards Act protected conduct under the anti-retaliation provision, 29 U.S.C. § 215(a)(3)?

• Opinion below, opinion below denying rehearing (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply

Title: Flores-Villar v. United States
Docket: 09-5801
Issue: Whether the Court’s decision in Nguyen v. Immigration and Naturalization Service (2001) permits gender discrimination that has no biological basis?

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply

Full post as published by SCOTUSBLOG on March 22, 2010 (boomark / email).