On June 22, 2026, the U.S. Supreme Court granted certiorari in Nielsen v. Watanabe, an important case concerning the ability of federal prisoners to seek damages when federal officials violate their constitutional rights. Weil represents respondent Kekai Watanabe.

Mr. Watanabe was in federal custody at the Federal Detention Center in Honolulu when he was assaulted in 2021. After the attack, Mr. Watanabe repeatedly reported extreme pain and requested medical treatment. He alleges that prison medical staff denied those requests and instead provided him with over-the-counter painkillers. Several months later, an X-ray revealed that he had suffered a fractured coccyx and bone chips in surrounding soft tissue.

In 2024, Mr. Watanabe sued prison nurse Francis Nielsen and other federal officials, alleging that prison staff failed to provide adequate medical care following the assault, in violation of the Eighth Amendment. His claims arise under Carlson v. Green, in which the Supreme Court held that federal prisoners may seek damages when prison officials are deliberately indifferent to serious medical needs.

The district court dismissed Mr. Watanabe’s claims on the ground that his claims were no longer viable under modern Supreme Court precedent, but the U.S. Court of Appeals for the Ninth Circuit reversed, concluding that his allegations fell within the framework established by Carlson.

Weil will now argue before the Supreme Court that federal prisoners may seek relief when federal officials violate their constitutional rights by failing to provide adequate medical care. The Court's decision could have significant implications for federal prisoners and others seeking remedies for constitutional violations.

The Weil team representing Mr. Watanabe is led by partner Joshua Wesneski and Co-Head of Weil’s Appeals and Strategic Counseling practice Zack Tripp, and includes counsel Crystal Weeks and associates Rachael Jones and Gus Ipsen.

The Supreme Court’s grant of certiorari was covered by NBC, USA Today, SCOTUSblog and Bloomberg Law, among others.