Decided
Sossamon v. Texas
Holding
When they accept federal funding, states do not consent to waive their sovereign immunity to private lawsuits for money damages under the Religious Land Use and Institutionalized Persons Act. (Kagan, J., recused).
Plain English Holding
State prisons are not subject to suit for money damages under the Religious Land Use and Institutionalized Persons Act.
Judgment
Affirmed, 6-2, in an opinion by Clarence Thomas on Apr 20, 2011. Justice Sotomayor filed a dissent, joined by Justice Breyer. (Kagan, J., recused).
Merits Briefs
- Brief for Petitioner Harvey Leroy Sossamon III
- Brief for Respondents Texas, et al.
- Reply Brief for Petitioner Harvey Leroy Sossamon III
Amicus Briefs
- Brief for Christian Legal Society and Prison Fellowship in Support of Petitioner
- Brief for the United States in Support of Petitioner
- Brief for the National Association of Evangelicals in Support of Petitioner
- Brief for American Civil Liberties Union; ACLU of Texas; Uptown People’s Law Center; Washington Lawyer’s Committee for Civil Rights and Urban Affairs; Americans United for Separation of Church and State; American Jewish Committee; Baptist Joint Committee for Religious Liberty; and the Interfaith Alliance Foundation in Support of Petitioner
- Brief for the Becket Fund for Religious Liberty in Support of Petitioner
- Brief for Charles E. Sisney in Support of Petitioner
- Brief for the Rutherford Institute in Support of Petitioner
- Brief for the States of Florida, Alabama, Alaska, Arizona, California, Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana, Maine, Maryland, Michigan, Mississippi, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Virginia, Wisconsin, and Wyoming in Support of Respondent
Certiorari-Stage Documents
- Opinion below (5th Circuit)
- Petition for certiorari (unavailable)
- Brief in opposition (unavailable)
- Petitioner’s reply (unavailable)
- Amicus brief of the Rutherford Institute (unavailable)
- Amicus brief of the National Association of Evangelicals (unavailable)
- Amicus brief of the United States
- Supplemental brief for petitioner
- Supplemental brief for respondents
Related Coverage
May 18, 2009Petition for a writ of certiorari filed. (Response due June 22, 2009)
Jun 11, 2009Order extending time to file response to petition to and including July 22, 2009.
Jun 22, 2009Brief amicus curiae of National Association of Evangelicals filed.
Jun 22, 2009Brief amicus curiae of Rutherford Institute filed.
Jul 22, 2009Brief of respondents Texas, et al. in opposition filed.
Aug 4, 2009Reply brief of petitioner Harvey Leroy Sossamon, III filed.
Sep 18, 2009Letter received from counsel for petitioner.
Oct 14, 2009DISTRIBUTED for Conference of October 30, 2009.
Nov 2, 2009The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Mar 18, 2010Brief amicus curiae of United States filed.
Mar 31, 2010DISTRIBUTED for Conference of April 16, 2010.
Mar 31, 2010Supplemental brief of petitioner Harvey Leroy Sossamon, III filed. (Distributed).
Apr 1, 2010Supplemental brief of respondents Texas, et al. filed. (Distributed)
Apr 14, 2010Letter of April 12, 2010, from counsel for petitioner received.
May 4, 2010DISTRIBUTED for Conference of May 20, 2010.
May 24, 2010Petition GRANTED limited to the following Question: "Whether an individual may sue a State or a state official in his official capacity for damages for violations of the Religious Land Use and Institutionalized Persons Act, 42 U. S. C. §2000cc et seq. (2000 ed.)."
Jun 4, 2010Record received from U.S.C.A. for Fifth Circuit. (1 Envelope)
Jun 10, 2010Motion for leave to proceed further herein in forma pauperis filed by petitioner Harvey Leroy Sossamon, III. (CL Page 163)
Jun 15, 2010Record received from the U.S.D.C. for the Western District of Texas. (1 box)
Jun 18, 2010The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including August 3, 2010.
Jun 18, 2010The time within which to file respondents' brief on the merits is extended to and including September 27, 2010.
Jun 22, 2010Motion to appoint counsel filed by petitioner Harvey Leroy Sossamon, III.
Jun 23, 2010Motion DISTRIBUTED for Conference of September 27, 2010.
Jun 28, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents
Jul 19, 2010Motion to dispense with printing the joint appendix filed by petitioner Harvey Leroy Sossamon, III.
Jul 25, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 3, 2010Brief of petitioner Harvey Leroy Sossamon, III filed.
Aug 6, 2010Brief amici curiae of Christian Legal Society and Prison Fellowship filed.
Aug 10, 2010Brief amicus curiae of the United States filed.
Aug 10, 2010Brief amicus curiae of The Rutherford Institute filed.
Aug 10, 2010Brief amicus curiae of National Association of Evangelicals filed.
Aug 10, 2010Brief amicus curiae of Becket Fund for Religious Liberty filed.
Aug 10, 2010Brief amicus curiae of Charles E. Sisney filed.
Aug 10, 2010Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 20, 2010CIRCULATED.
Aug 24, 2010SET FOR ARGUMENT ON Tuesday, November 2, 2010.
Sep 3, 2010Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Sep 7, 2010Justice Kagan is recused in this case.
Sep 20, 2010Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 27, 2010Brief of respondents Texas, et al. filed. (Distributed)
Oct 4, 2010Motion for leave to proceed further herein in forma pauperis DENIED. Justice Kagan took no part in the consideration or decision of this motion.
Oct 4, 2010Motion to appoint counsel filed by petitioner DENIED. Justice Kagan took no part in the consideration or decision of this motion.
Oct 4, 2010Brief amici curiae of Florida, et al. filed. (Distributed)
Oct 18, 2010Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Oct 21, 2010Reply of petitioner Harvey Leroy Sossamon, III filed. (Distributed)
Nov 2, 2010Argued. For petitioner: Kevin K. Russell, Bethesda, Md.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: James C. Ho, Solicitor General, Austin, Tex.
Apr 20, 2011Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer, J., joined. Kagan, J., took no part in the consideration or decision of the case.
May 23, 2011JUDGMENT ISSUED.
Jun 6, 2011Record returned to U.S.C.A. for 5th Circuit.
Jun 6, 2011Record returned to U.S.D.C. for Western District of Texas.
Recommended Citation: Sossamon v. Texas, SCOTUSblog, https://www.scotusblog.com/cases/sossamon-v-texas/