SUPREME COURT OF THE UNITED STATES
TRENT MICHAEL TAYLOR
v. ROBERT RIOJAS,
et al.
on petition for writ of certiorari to the
united states court of appeals for the fifth circuit
No. 19–1261. Decided November 2, 2020
Justice Alito, concurring in the judgment.
Because the Court has granted the petition for a
writ of certiorari, I will address the question that the Court has
chosen to decide. But I find it hard to understand why the Court
has seen fit to grant review and address that question.
I
To see why this petition is ill-suited for
review, it is important to review the procedural posture of this
case. Petitioner, an inmate in a Texas prison, sued multiple prison
officers and asserted a variety of claims, including both the
Eighth Amendment claim that the Court addresses (placing and
keeping him in filthy cells) and a related Eighth Amendment claim
(refusing to take him to a toilet). The District Court granted
summary judgment for the defendants on all but one of petitioner’s
claims under Federal Rule of Civil Procedure 54(b), which permitted
petitioner to appeal the dismissed claims. On appeal, the Fifth
Circuit affirmed as to all the claims at issue except the
toilet-access claim. On the claim concerning the conditions of
petitioner’s cells, the court held that the facts alleged in
petitioner’s verified complaint were sufficient to demonstrate an
Eighth Amendment violation, but it found that the officers were
entitled to qualified immunity based primarily on a statement in
Hutto v.
Finney,
437 U.S.
678 (1978), and the Fifth Circuit’s decision in
Davis v.
Scott,
157 F.3d 1003 (1998).
The Court now reverses the affirmance of summary
judgment on the cell-conditions claim. Viewing the evidence in the
summary judgment record in the light most favorable to petitioner,
the Court holds that a reasonable corrections officer would have
known that it was unconstitutional to confine petitioner under the
conditions alleged. That question, which turns entirely on an
interpretation of the record in one particular case, is a
quintessential example of the kind that we almost never review. As
stated in our Rules, “[a] petition for a writ of certiorari is
rarely granted when the asserted error consists of . . .
the misapplication of a properly stated rule of law,” this Court’s
Rule 10. That is precisely the situation here. The Court does not
dispute that the Fifth Circuit applied all the correct legal
standards, but the Court simply disagrees with the Fifth Circuit’s
application of those tests to the facts in a particular record.
Every year, the courts of appeals decide hundreds if not thousands
of cases in which it is debatable whether the evidence in a summary
judgment record is just enough or not quite enough to carry the
case to trial. If we began to review these decisions we would be
swamped, and as a rule we do not do so.
Instead, we have well-known criteria for
granting review, and they are not met here. The question that the
Court decides is not one that has divided the lower courts, see
this Court’s Rule 10, and today’s decision adds virtually nothing
to the law going forward. The Court of Appeals held that the
conditions alleged by petitioner, if proved, would violate the
Eighth Amendment, and this put correctional officers in the Fifth
Circuit on notice that such conditions are intolerable. Thus, even
without our intervention, qualified immunity would not be available
in any similar future case.
We have sometimes granted review and summarily
reversed in cases where it appeared that the lower court had
conspicuously disregarded governing Supreme Court precedent, but
that is not the situation here. On the contrary, as I explain
below, it appears that the Court of Appeals erred largely because
it read too much into one of our decisions.
It is not even clear that today’s decision is
necessary to protect petitioner’s interests. We are generally
hesitant to grant review of non-final decisions, and there are
grounds for such wariness here. If we had denied review at this
time, petitioner may not have lost the opportunity to contest the
grant of summary judgment on the issue of respondents’ entitlement
to qualified immunity on his cell-conditions claim. His case would
have been remanded for trial on the claims that remained after the
Fifth Circuit’s decision (one of which sought relief that appears
to overlap with the relief sought on the cell-conditions claim),
and if he was dissatisfied with the final judgment, he may have
been able to seek review by this Court of the cell-conditions
qualified immunity issue at that time.
Major League Baseball
Players Assn. v.
Garvey,
532 U.S.
504, 508, n. 1 (2001) (
per curiam). And of course,
there is always the possibility that he would have been satisfied
with whatever relief he obtained on the claims that went to
trial.
Today’s decision does not even conclusively
resolve the issue of qualified immunity on the cell-conditions
claim because respondents are free to renew that defense at trial,
and if the facts petitioner alleges are not ultimately established,
the defense could succeed. Indeed, if petitioner cannot prove the
facts he alleges, he may not be able to show that his
constitutional rights were violated.
In light of all this, it is not apparent why the
Court has chosen to grant review in this case.
II
While I would not grant review on the question
the Court addresses, I agree that summary judgment should not have
been awarded on the issue of qualified immunity. We must view the
summary judgment record in the light most favorable to petitioner,
and when petitioner’s verified complaint is read in this way, a
reasonable fact-finder could infer not just that the conditions in
the cells in question were horrific but that respondents chose to
place and keep him in those particular cells, made no effort to
have the cells cleaned, and did not explore the possibility of
assignment to cells with better conditions. A reasonable
corrections officer would have known that this course of conduct
was unconstitutional, and the cases on which respondents rely do
not show otherwise.
Although this Court stated in
Hutto that
holding a prisoner in a “filthy” cell for “a few days” “might be
tolerable,” 437 U. S., at 686–687, that equivocal and
unspecific dictum does not justify what petitioner alleges. There
are degrees of filth, ranging from conditions that are simply
unpleasant to conditions that pose a grave health risk, and the
concept of “a few days” is also imprecise. In addition, the
statement does not address potentially important factors, such as
the necessity of placing and keeping a prisoner in a particular
cell and the possibility of cleaning the cell before he is housed
there or during the course of that placement. A reasonable officer
could not think that this statement or the Court of Appeals’
decision in
Davis meant that it is constitutional to place a
prisoner in the filthiest cells imaginable for up to six days
despite the availability of other preferable cells or despite the
ability to arrange for cleaning of the cells in question.
For these reasons, I concur in the judgment.
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