Federal Judiciary

Petition of the day

By Anna Christensen

Today’s  petition of the day is:

Title: Cook County, Illinois v. Thomas
Docket: 10-180
Issue(s): (1) Whether the lower court may make a rule that the issuance of a "no duplication of damages" instruction to the jury in a Section 1983 claim cures any error resulting from incorrect adjoining instructions that invited the jury to assess damages "by defendant" and "by claim" and to decide the legal question of joint liability; and (2) whether the adjudication of constitutional tort claims against multiple defendants for a single, indivisible injury violates either the law of damages in Section 1983 actions or the defendant?s Seventh Amendment right to a fair trial.

Certiorari-Stage Documents

• Opinion below (7th Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on September 16, 2010 (boomark / email).