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Katherine Fernandez-Rundle v. James Eric McDonough

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 15-14642 · judgment July 12, 2017


Certiorari denied · June 4, 2018
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.

Question presented

Whether a potential criminal defendant may obtain relief under 42 U.S.C. § 1983 by establishing only that a future state prosecution would run afoul of state law, without establishing any violation of a right secured by the Constitution or laws of the United States.

Counsel of record

For petitioner
Amitabh Agarwal
Holland & Knight

For respondent
Amir H. Ali
Roderick & Solange MacArthur Justice Center

Case

Conference history
Distributed for 2 conferences

Linked docket
17A609

Proceedings

  1. Jun 04 2018
    Petition DENIED.
  2. May 29 2018
    DISTRIBUTED for Conference of 5/31/2018.
  3. May 23 2018
    Rescheduled.
  4. May 08 2018
    DISTRIBUTED for Conference of 5/24/2018.
  5. May 08 2018
    Reply of petitioner Katherine Fernandez-Rundle filed. (Distributed)
  6. Apr 24 2018
    Brief of respondent James McDonough in opposition filed.
  7. Feb 02 2018
    Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2018.
  8. Feb 01 2018
    Motion to extend the time to file a response from February 23, 2018 to April 24, 2018, submitted to The Clerk.
  9. Jan 22 2018
    Petition for a writ of certiorari filed. (Response due February 23, 2018)
  10. Dec 08 2017
    Application (17A609) granted by Justice Thomas extending the time to file until January 22, 2018.
  11. Dec 01 2017
    Application (17A609) to extend the time to file a petition for a writ of certiorari from December 13, 2017 to January 22, 2018, submitted to Justice Thomas.