US Supreme Court Orders


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(ORDER LIST: 534 U.S.)

TUESDAY, JANUARY 29, 2002

CERTIORARI DENIED

01-7987 ANDERSON, STEVEN W. V. DAVIS, GOV. OF CA, ET AL.
(O1A561)
The application for stay of execution of sentence of deathpresented to Justice O'Connor and by her referred to the Court isdenied. The petition for a writ of certiorari is denied.

Justice Scalia took no part in the consideration ordecision of this application and this petition.

(ORDER LIST: 534 U.S.)

TUESDAY, JANUARY 29, 2002

ORDER IN PENDING CASE

01-309 HOPE, LARRY V. PELZER, MARK, ET AL.
The order granting the petition for a writ of certiorari isamended as follows:

"The petition for a writ of certiorari is granted limitedto the following questions:

1. Whether state officials sued in their individual capacitiesunder 42 U. S. C. §1983 are entitled to qualified immunity unlessthey have violated statutory or constitutional rights clearlyestablished by a case presenting facts materially similar tothose in the plaintiff s case.

2. Whether under the circumstances that must be taken as trueat the summary judgment stage of this case, tying a prisoner to a hitching post violates clearly established constitutionalrights for purposes of qualified immunity under 42 U. S. C.§1983."

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