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Dung Quoc Pham v. Benny Blaylock, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-30920 · judgment October 17, 2017


Certiorari denied · April 16, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. Whether this Court has established that a public university student has a protected liberty or property interest in “posthigh school education”, such that the lower federal courts should apply the appropriate due process analysis to the particular circumstances of this case?

  2. Whether the ULM School of Pharmacy Code of Ethical and Professional Conduct is “irrelevant” to the due process analysis, as stated by the district court and Fifth Circuit?

  3. Whether the lower federal courts need guidance in fashioning and applying an appropriate due process test for cases involving student expulsions from public universities?

  4. Whether the Fifth Circuit has so far departed from the due process analysis approved by this Court, that its ruling should be reversed for failing to mention the words “fair” or “reasonable” when upholding ULM’s expulsion of Pham, when violating no less than nineteen (19) University rules governing student disciplinary proceedings? -i-

Counsel of record

For petitioner
Daniel Clay Wirtz
D. Clay Wirtz, Attorney

For respondent
Linda Jane Law Clark
DeCuir, Clark & Adams, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 16 2018
    Petition DENIED.
  2. Mar 21 2018
    DISTRIBUTED for Conference of 4/13/2018.
  3. Feb 28 2018
    Brief of respondents Benny Blaylock, et al. in opposition filed.
  4. Jan 12 2018
    Petition for a writ of certiorari filed. (Response due February 28, 2018)