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Decided

Connick v. Thompson

Docket No.09-571
Op. Below5th Circuit
ArgumentOct 6, 2010

Holding

A district attorney's office cannot be held liable under Section 1983 for a failure to train its prosecutors based on a single Brady violation.

Plain English Holding

A district attorney's office cannot be held liable for failing to train its prosecutors when the plaintiff proves only a single violation that has allegedly arisen from the inadequate training.

Judgment

Fifth Circuit reversed, 5-4, in an opinion by Clarence Thomas on Mar 29, 2011. Justice Scalia joined the majority opinion and also wrote a concurrence, joined by Justice Alito, responding to the dissent. Justice Ginsburg dissented, joined by Justices Breyer, Sotomayor, and Kagan.

Merits Briefs

  • Brief for Petitioners Harry F. Connick, in his official capacity as District Attorney; Eric Dubelier, in his official capacity as Assistant District Attorney; James Williams, in his official capacity as Assistant District Attorney; Leon A. Cannizzaro, Jr., in his official capacity as District Attorney; Orleans Parish District Attorney’s Office (unavailable)
  • Reply Brief for Petitioner Harry F. Connick, in his official capacity as District Attorney; Eric Dubelier, in his official capacity as Assistant District Attorney; James Williams, in his official capacity as Assistant District Attorney; Leon A. Cannizzaro, Jr., in his official capacity as District Attorney; Orleans Parish District Attorney’s Office (unavailable)
  • Brief for Respondent John Thompson (unavailable)

Amicus Briefs

Certiorari-Stage Documents

Proceedings & orders timeline

Nov 6, 2009
Petition for a writ of certiorari filed. (Response due December 10, 2009)
Dec 7, 2009
Order extending time to file response to petition to and including January 11, 2010.
Dec 10, 2009
Brief amicus curiae of Orleans Parish Assistant District Attorneys filed.
Dec 10, 2009
Brief amici curiae of National District Attorneys Association filed.
Jan 11, 2010
Brief of respondent John Thompson in opposition filed.
Jan 25, 2010
Reply of petitioners Harry F. Connick, District Attorney, et al. filed. (Distributed)
Jan 27, 2010
DISTRIBUTED for Conference of February 19, 2010.
Feb 3, 2010
Record Requested .
Feb 26, 2010
Records received from the U.S. Court of Appeals for the Fifth Circuit and the U. S. District Court for the Eastern District of Louisiana (3 boxes).
Mar 3, 2010
DISTRIBUTED for Conference of March 19, 2010.
Mar 22, 2010
Petition GRANTED limited to Question 1 presented by the petition.
Apr 15, 2010
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including June 7, 2010.
Apr 29, 2010
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent.
May 10, 2010
Consent to the filing of amicus briefs, in support of neiether party or of neither party, rerceived from counsel for the petitioners.
Jun 7, 2010
Brief of petitioners Harry F. Connick, District Attorney, et al. filed.
Jun 7, 2010
Joint appendix filed (4 volumes). (Statement of costs filed)
Jun 11, 2010
Brief amicus curiae of District Attorneys Association of the State of New York filed.
Jun 14, 2010
Brief amici curiae of National District Attorneys Association, et al. filed.
Jun 14, 2010
Brief amici curiae of National League of Cities, et al. filed.
Jun 14, 2010
Brief amicus curiae of Orleans Parish Assistant District Attorneys filed.
Jun 15, 2010
The time to file respondent's brief on the merits is extended to and including August 6, 2010.
Jul 20, 2010
CIRCULATED.
Aug 6, 2010
Brief of respondent John Thompson filed. (Distributed)
Aug 9, 2010
SET FOR ARGUMENT ON Wednesday, October 6, 2010.
Aug 10, 2010
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Aug 13, 2010
Brief amici curiae of Alliance Defense Fund, and Cato Institute filed. (Distributed)
Aug 13, 2010
Brief amici curiae of Former Federal Civil Rights Officials and Prosecutors filed. (Distributed)
Aug 13, 2010
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Aug 13, 2010
Brief amicus curiae of Innocence Network filed. (Distributed)
Aug 13, 2010
Motion of Former Federal Civil Rights Officials and Prosecutors for leave to participate in oral argument as amici curiae and for divided argument filed.
Aug 13, 2010
Brief amici curiae of Center on the Administration of Criminal Law, et al. filed. (Distributed)
Sep 7, 2010
Reply of petitioners Harry F. Connick, District Attorney, et al. filed. (Distributed)
Sep 28, 2010
Motion of Former Federal Civil Rights Officials and Prosecutors for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Oct 6, 2010
Argued. For petitioners: Stuart K. Duncan, Appellate Chief, Baton Rouge, La. For repsondent: J. Gordon Cooney, Jr., Philadelphia, Pa.
Mar 29, 2011
Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Scalia, J., filed a concurring opinion, in which Alito, J., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
May 2, 2011
JUDGMENT ISSUED.
May 17, 2011
Record returned to U.s.C.A. for 5th Circuit.

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