Pending Accountability Amicus Briefs

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Amicus Brief in Support of Certiorari
U.S. Supreme Court

Filed Oct. 13, 2020

TOPICS: false testimony; prosecutorial misconduct

 
Our brief explores the question of whether prosecutors can knowingly use false  testimony at trial to secure a conviction if they disclose enough other information to the defense counsel to uncover the false nature of the testimony.

 We  thank Americans for Prosperity Foundation, Cato Institute, Innoncence Project, and the National Association of Public Defense for joining  this brief.

Due Process Institute also thanks Timothy O'Toole and Katherine Pappas for their amicus support on this matter.   

OUTCOME: Unfortunately, the Court denied the petition for certiorari on Dec. 15, 2020.

Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed May 14, 2020

TOPICS: qualified immunity; clearly established test

This brief adds to the significant number of petitions in recent years asking the Supreme Court to consider the issue of qualified immunity and clarify application of the "clearly established law" test. This case presents the case of Trent Taylor who was incarcerated in a cell under inhumane conditions and supervised by correctional officers who refused his use of a bathroom and medical treatment after complaining of significant pain. Filed with Alliance Defending Freedom, American Association for Justice, American Civil Liberties Foundation, Americans for Prosperity Foundation, Cato Institute, Law Enforcement Action Partnership, The NAACP Legal Defense & Educational Fund, Inc., Physicians for Human Rights, Public Justice, R Street Institute, and Second Amendment Foundation.

OUTCOME: The Court agreed with us that any reasonable correctional officer should have realized that Trent Taylor’s conditions of confinement offended the 8th Amendment,  therefore the U.S. Court of Appeals for the 5th Circuit erred in granting the  officers qualified immunity.  Petition granted, judgment vacated, and the case is remanded for further proceedings consistent with the Court's Nov. 2, 2020 opinion. 

Amicus Brief in Support of Certiorari

U.S. Supreme Court

 Filed Feb. 20, 2020

TOPIC: qualified immunity

This brief addresses the issue of qualified immunity for a particularly egregious case, in which police had consent--and a key--to enter a home but instead shot tear gas into the home for hours. The brief was critical of  the qualified immunity doctrine because of its unreasonably difficult hurdles to get justice for those who are wronged by law enforcement.  Further, the brief argues that the doctrine erodes trust in law  enforcement because of a lack of accountability. Filed with DKT Liberty Project, Reason Foundation, and The Rutherford Institute.

OUTCOME: Unfortunately, the petition for certiorari was denied June 15, 2020. 

Amicus Brief in Support of Certiorari

U.S. Supreme Court

Filed Dec. 20, 2019

TOPICS: qualified immunity; clearly established test

This cross-ideological brief addresses the doctrine of qualified immunity and attacks the "clearly established law" test that  undergirds most instances whereby law enforcement personnel are not held responsible for wrongful conduct. The brief also discusses the importance of public trust in the institution of law enforcement and  how the doctrine of qualified immunity undermines that trust. Filed with Alliance  Defending Freedom, American Association for Justice, American Civil Liberties Union  Foundation, Americans For Prosperity Foundation, Cato Institute, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, The NAACP Legal  Defense & Educational  Fund, Inc., Public  Justice, R Street Institute, and Second  Amendment Foundation.                  

OUTCOME: Unfortunately, the petition for certiorari was denied June 15, 2020. 

Amicus Brief in Support of Certiorari

U.S. Supreme Court

Filed Dec. 20, 2019

TOPICS: qualified immunity; clearly established test

This brief addresses the doctrine of qualified immunity and attacks the "clearly established law" test that undergirds most instances whereby law enforcement personnel are not held  responsible for wrongful conduct. The brief also discusses the importance of public trust in the institution of law enforcement and  how the doctrine of qualified immunity undermines that trust. Filed with Alliance  Defending Freedom, American Association for Justice, American Civil Liberties Union  Foundation, Americans For Prosperity Foundation, Cato Institute, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, The NAACP Legal  Defense & Educational  Fund, Inc., Public  Justice, R Street Institute, and Second  Amendment Foundation.  

OUTCOME: Unfortunately, the petition for certiorari was denied June 15, 2020.

Amicus Brief in Support of Certiorari

U.S. Supreme Court

Filed May 2019

TOPIC: qualified immunity

This  brief explores the problems with the doctrine of qualified immunity for law enforcement officials because it excuses unconstitutional conduct, imposes a heavy burden on civil rights litigants, and erodes public trust. Filed with American Association for Justice, Americans For Prosperity, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, The NAACP Legal  Defense & Educational  Fund, Inc., NACDL, Public Justice, R Street Institute, and Reason Foundation.           

OUTCOME: Unfortunately, the petition for certiorari was denied June 15, 2020. 

Amicus Brief in Support of Certiorari

U.S. Supreme Court

 Filed Apr. 2019

 TOPIC: qualified immunity 

This  case involved a warrantless strip search of a minor child. Filed with Alliance Defending Freedom, American Association for Justice, American Civil Liberties Union Foundation, Americans for Prosperity, Institute for Justice, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, The NAACP Legal  Defense & Educational  Fund, Inc., NACDL, Public Justice, R Street Institute, Reason Foundation, and Second Amendment Foundation.

OUTCOME: Unfortunately, the petition for certiorari was denied on May 20, 2019.

Amicus Brief in Support of Petitioner

Supreme Court of Texas

 Filed Oct. 15, 2018

TOPIC: failure to disclose; prosecutorial misconduct

A  former district attorney filed suit against Nueces County for wrongful termination after he was fired for disclosing exculpatory information to the defense against the instructions of his supervisor. Filed with American Civil Liberties Union, Cato Institute, Law Enforcement Action Partnership, and Texas criminal law scholars.

OUTCOME: Unfortunately, the Texas Supreme Court ruled against Hillman on the grounds that government immunity barred the lawsuit. Read the opinion here.

Amicus Brief in Support of Certiorari 

Second Circuit Court of Appeals

 Filed July 2018

TOPIC: qualified immunity

Due Process Institute joined a large array of cross-ideological organizations as co-signers for this amicus brief raising concerns with the doctrine of qualified immunity. Filed with Alliance Defending Freedom, American Association for Justice, American Civil Liberties Union Foundation, Americans for Prosperity, Cause of Action Institute, Freedom Partners Chamber of Commerce, Institute for Justice, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, NACDL, National Police Accountability Project, Public Justice, Reason Foundation, and Second Amendment Foundation.  

OUTCOME: The petitioner voluntarily dismissed his petition for certiorari following a settlement with the government.