Volume 575 Part 2
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575 2 of 2 PRELIMINARYPRINT o.55(p 9–2;9316)UIE TTSRPRSPr 2 Part REPORTS STATES UNITED 993–1068) 496–827; (Pp. 575 Vol. Volume 575 U. S. - Part 2 Pages 496–827; 993–1068 OFFICIAL REPORTS OF THESUPREMECOURT May 4 Through June 5, 2015 Amendments to Federal Rules of Bankruptcy Procedure Amendments to Federal Rules of Civil Procedure End of Volume CHRISTINE LUCHOK FALLON reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, of any typographical or other formal errors, in order that corrections may be made before the bound volume goes to press. For sale by the Superintendent of Documents, U. S. Government Publishing Office Washington, D.C. 20402 J USTICES of the SUPREMECOURT during the time of these reports JOHN G. ROBERTS, Jr., Chief Justice. ANTONIN SCALIA, Associate Justice. ANTHONY M. KENNEDY, Associate Justice. CLARENCE THOMAS, Associate Justice. RUTH BADER GINSBURG, Associate Justice. STEPHEN BREYER, Associate Justice. SAMUEL A. ALITO, Jr., Associate Justice. SONIA SOTOMAYOR, Associate Justice. ELENA KAGAN, Associate Justice. retired JOHN PAUL STEVENS, Associate Justice. SANDRA DAY O’CONNOR, Associate Justice. DAVID H. SOUTER, Associate Justice. ofącers of the court LORETTA E. LYNCH, Attorney General.* DONALD B. VERRILLI, Jr., Solicitor General. SCOTT S. HARRIS, Clerk. CHRISTINE LUCHOK FALLON, Reporter of Decisions. PAMELA TALKIN, Marshal. LINDA S. MASLOW, Librarian. *Attorney General Lynch was presented to the Court on May 18, 2015. See post, p. iii. i SUPREME COURT OF THE UNITED STATES Allotment of Justices It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, effective September 28, 2010, viz.: For the District of Columbia Circuit, John G. Roberts, Jr., Chief Justice. For the First Circuit, Stephen Breyer, Associate Justice. For the Second Circuit, Ruth Bader Ginsburg, Associate Justice. For the Third Circuit, Samuel A. Alito, Jr., Associate Justice. For the Fourth Circuit, John G. Roberts, Jr., Chief Justice. For the Fifth Circuit, Antonin Scalia, Associate Justice. For the Sixth Circuit, Elena Kagan, Associate Justice. For the Seventh Circuit, Elena Kagan, Associate Justice. For the Eighth Circuit, Samuel A. Alito, Jr., Associate Justice. For the Ninth Circuit, Anthony M. Kennedy, Associate Justice. For the Tenth Circuit, Sonia Sotomayor, Associate Justice. For the Eleventh Circuit, Clarence Thomas, Associate Justice. For the Federal Circuit, John G. Roberts, Jr., Chief Justice. September 28, 2010. (For next previous allotment, see 561 U. S., p. vi.) ii PRESENTATION OF THE ATTORNEY GENERAL Supreme Court of the United States WEDNESDAY, MAY 18, 2015 Present: Chief Justice Roberts, Justice Scalia, Jus- tice Kennedy, Justice Ginsburg, Justice Breyer, Jus- tice Alito, and Justice Kagan. The Chief Justice said: The Court now recognizes the Solicitor General of the United States. Solicitor General Verrilli said: Mr. Chief Justice, and may it please the Court. I have the privilege to present to the Court the Eighty-third Attor- ney General of the United States, Loretta Lynch of New York. The Chief Justice said: General Lynch, on behalf of the Court, I welcome you as the Chief Legal Officer of the United States and as an officer of this Court. We recognize the very important responsibil- ities that are entrusted to you. Your commission as Attor- ney General of the United States will be noted on the records of the Court. We wish you well in the discharge of the du- ties of your new office. Attorney General Lynch said: iii iv PRESENTATION OF THE ATTORNEY GENERAL Thank you Mr. Chief Justice. The Chief Justice said: Thank you General for coming to the Court. I NDEX (Vol. 575 U. S., Part 2) ACCOMMODATION OF RELIGION. See Civil Rights Act of 1964. AMERICANS WITH DISABILITIES ACT OF 1990. Accommodations for bringing mentally disabled suspect into cus- tody—Officers’ qualified immunity.—Question whether ADA “requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into cus- tody,” is dismissed as improvidently granted; and petitioner police officers are entitled to qualified immunity from liability for injuries suffered by Sheehan in course of her arrest. City and County of San Francisco v. Sheehan, p. 600. ARTICLE III COURTS. See Bankruptcy. BANKRUPTCY. Bankruptcy judges—Article III—Stern claims.—Article III permits bankruptcy judges to adjudicate Stern claims—i. e., claims designated for final adjudication in bankruptcy court by statute but prohibited from pro- ceeding in that way by Article III, see Stern v. Marshall, 564 U. S. 462— with parties’ knowing and voluntary consent, which may be either express or implied. Wellness Int’l Network, Ltd. v. Sharif, p. 665. Chapter 7 conversion—Return of postpetition wages.—A debtor who converts a bankruptcy case from Chapter 13 to Chapter 7 is entitled to return of any postpetition wages not yet distributed by Chapter 13 trustee. Harris v. Viegelahn, p. 510. Denial of plan confirmation—Final appealable order.—A bankruptcy court’s order denying confirmation of a debtor’s proposed repayment plan in a Chapter 13 bankruptcy is not a final order that debtor can immedi- ately appeal. Bullard v. Blue Hills Bank, p. 496. Underwater junior mortgage liens.—A Chapter 7 debtor may not use § 506(d) of Bankruptcy Code to void an underwater junior mortgage if creditor’s claim is both secured by a lien and allowed under § 502. Bank of America, N. A. v. Caulkett, p. 790. CIVIL RIGHTS ACT OF 1871. Section 1983—State corrections officials—Qualified immunity— Suicide prevention protocols.—Petitioner state corrections officials are v vi INDEX CIVIL RIGHTS ACT OF 1871—Continued. entitled to qualified immunity in this 42 U. S. C. § 1983 suit, in which re- spondents allege that petitioners violated their incarcerated relative’s civil rights by failing to implement adequate suicide prevention protocols to prevent his suicide. Taylor v. Barkes, p. 822. CIVIL RIGHTS ACT OF 1964. Title VII—Religious practice accommodation—Motivating factor in employment decision.—To prevail in a disparate-treatment claim under Title VII, an applicant need show only that his need for an accommodation of a religious practice was a motivating factor in an employment decision, not that employer had knowledge of his need. EEOC v. Abercrombie & Fitch Stores, Inc., p. 768. COMMERCE CLAUSE. See Constitutional Law. CONSTITUTIONAL LAW. See also Bankruptcy. Commerce Clause—Personal income tax—Credit for income taxes paid to other States.—Maryland’s personal income tax scheme, which does not offer Maryland residents a full credit against income taxes that they pay to other States, violates dormant Commerce Clause. Comptroller of Treasury of Md. v. Wynne, p. 542. CONTROLLED SUBSTANCES. See Immigration Law. CREDITORS AND DEBTORS. See Bankruptcy. CRIMINAL LAW. Communication of a threat in interstate commerce—Jury instruc- tion.—At petitioner’s trial on charges that he communicated a “threat . to injure the person of another” in interstate commerce by posting violent material about his estranged wife and others on Facebook, see 18 U. S. C. § 875(c), an instruction that only required jury to find negligence with re- spect to that communication was not sufficient to support conviction. Elonis v. United States, p. 723. Firearms possession—Convicted felons—Transfer to third party.— Title 18 U. S. C. § 922(g), which prohibits a felon from possessing any fire- arms, does not bar a court-ordered transfer of felon’s lawfully owned fire- arms from Government custody to a third party, provided that court is satisfied that recipient will not give felon control over firearms, so that he could either use them or direct their use. Henderson v. United States, p. 622. DEBTORS AND CREDITORS. See Bankruptcy. DEPORTATION. See Immigration Law. DISPARATE-TREATMENT CLAIMS. See Civil Rights Act of 1964. INDEX vii DORMANT COMMERCE CLAUSE. See Constitutional Law. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. Breach of fiduciary duty claim—6-year statutory bar.—Ninth Circuit erred by applying Act’s 6-year statutory bar, 29 U. S. C. § 1113, to a breach of fiduciary duty claim based solely on fiduciary’s initial selection of invest- ments to be included in a 401(k) savings plan without considering contours of alleged breach of fiduciary duty. Tibble v. Edison Int’l, p. 523. EMPLOYMENT DISCRIMINATION. See Civil Rights Act of 1964. FACEBOOK. See Criminal Law. FALSE CLAIMS ACT. See Qui Tam Suits. FEDERAL RULES OF BANKRUPTCY PROCEDURE. Amendments to Rules, p. 1049. FEDERAL RULES OF CIVIL PROCEDURE. Amendments to Rules, p. 1055. FIDUCIARY DUTIES OF INVESTMENT ADVISERS. See Em- ployee Retirement Income Security Act of 1974. FIREARMS POSSESSION. See Criminal Law. FRAUD. See Qui Tam Suits. IMMIGRATION LAW. Conviction for concealing unnamed pills—Deportation.—Petitioner’s Kansas conviction for concealing unnamed pills in his sock did not “relat[e] to a controlled substance” for purposes of triggering removal under 8 U. S. C. § 1227(a)(2)(B)(i). Mellouli v. Lynch, p. 798. IN FORMA PAUPERIS. “Three strikes” provision—In forma pauperis status—Prior dismissal pending on appeal.—For purposes of a special “three strikes” provision that prevents federal courts from affording in forma pauperis status to prisoners who have brought frivolous civil actions or appeals in federal court on three or more prior occasions, see 28 U. S. C. § 1915(g), a qualify- ing prior dismissal counts as a strike even if it is pending on appeal. Cole- man v. Tollefson, p. 532. INTERSTATE COMMERCE. See Constitutional Law; Criminal Law. JURY INSTRUCTIONS. See Criminal Law. KANSAS.