Search SCOTUSblog

Type to search articles, cases, and authors.

Press ↵ to view all results.

Skip to main content
Decided

Sossamon v. Texas

Docket No.08-1438
Op. Below5th Circuit
ArgumentNov 2, 2010

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

Amicus Briefs

Certiorari-Stage Documents

Proceedings & orders timeline

May 18, 2009
Petition for a writ of certiorari filed. (Response due June 22, 2009)
Jun 11, 2009
Order extending time to file response to petition to and including July 22, 2009.
Jun 22, 2009
Brief amicus curiae of National Association of Evangelicals filed.
Jun 22, 2009
Brief amicus curiae of Rutherford Institute filed.
Jul 22, 2009
Brief of respondents Texas, et al. in opposition filed.
Aug 4, 2009
Reply brief of petitioner Harvey Leroy Sossamon, III filed.
Sep 18, 2009
Letter received from counsel for petitioner.
Oct 14, 2009
DISTRIBUTED for Conference of October 30, 2009.
Nov 2, 2009
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Mar 18, 2010
Brief amicus curiae of United States filed.
Mar 31, 2010
DISTRIBUTED for Conference of April 16, 2010.
Mar 31, 2010
Supplemental brief of petitioner Harvey Leroy Sossamon, III filed. (Distributed).
Apr 1, 2010
Supplemental brief of respondents Texas, et al. filed. (Distributed)
Apr 14, 2010
Letter of April 12, 2010, from counsel for petitioner received.
May 4, 2010
DISTRIBUTED for Conference of May 20, 2010.
May 24, 2010
Petition 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, 2010
Record received from U.S.C.A. for Fifth Circuit. (1 Envelope)
Jun 10, 2010
Motion for leave to proceed further herein in forma pauperis filed by petitioner Harvey Leroy Sossamon, III. (CL Page 163)
Jun 15, 2010
Record received from the U.S.D.C. for the Western District of Texas. (1 box)
Jun 18, 2010
The 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, 2010
The time within which to file respondents' brief on the merits is extended to and including September 27, 2010.
Jun 22, 2010
Motion to appoint counsel filed by petitioner Harvey Leroy Sossamon, III.
Jun 23, 2010
Motion DISTRIBUTED for Conference of September 27, 2010.
Jun 28, 2010
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents
Jul 19, 2010
Motion to dispense with printing the joint appendix filed by petitioner Harvey Leroy Sossamon, III.
Jul 25, 2010
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 3, 2010
Brief of petitioner Harvey Leroy Sossamon, III filed.
Aug 6, 2010
Brief amici curiae of Christian Legal Society and Prison Fellowship filed.
Aug 10, 2010
Brief amicus curiae of the United States filed.
Aug 10, 2010
Brief amicus curiae of The Rutherford Institute filed.
Aug 10, 2010
Brief amicus curiae of National Association of Evangelicals filed.
Aug 10, 2010
Brief amicus curiae of Becket Fund for Religious Liberty filed.
Aug 10, 2010
Brief amicus curiae of Charles E. Sisney filed.
Aug 10, 2010
Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 20, 2010
CIRCULATED.
Aug 24, 2010
SET FOR ARGUMENT ON Tuesday, November 2, 2010.
Sep 3, 2010
Motion 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, 2010
Justice Kagan is recused in this case.
Sep 20, 2010
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 27, 2010
Brief of respondents Texas, et al. filed. (Distributed)
Oct 4, 2010
Motion 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, 2010
Motion to appoint counsel filed by petitioner DENIED. Justice Kagan took no part in the consideration or decision of this motion.
Oct 4, 2010
Brief amici curiae of Florida, et al. filed. (Distributed)
Oct 18, 2010
Motion 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, 2010
Reply of petitioner Harvey Leroy Sossamon, III filed. (Distributed)
Nov 2, 2010
Argued. 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, 2011
Adjudged 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, 2011
JUDGMENT ISSUED.
Jun 6, 2011
Record returned to U.S.C.A. for 5th Circuit.
Jun 6, 2011
Record returned to U.S.D.C. for Western District of Texas.

Welcome

Tell us a bit about yourself and choose what you’d like to hear from us. You can change any of it any time in your account.