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Daniel T. Pauly, as Personal Representative of the Estate of Samuel Pauly, Deceased, et al. v. Ray White, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 14-2035 · judgment October 31, 2017

Certiorari denied · June 18, 2018
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.6× 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 a petition filed soon after the judgment below.

Questions presented

  1. Under 42 U.S.C. § 1983, is a public official, whose reckless conduct proximately causes another official to violate a plaintiff ’s federally protected right, liable for the plaintiff ’s injuries, even though the latter official is entitled to qualified immunity?

  2. When a public official violates clearly established law through his pre-seizure conduct, and the conduct causes the need to use deadly force, is the official protected by qualified immunity?

Counsel of record

For petitioner
Leon Rushing Hunt IV
Hunt & Marshall

For respondent
Mark Daniel Standridge
Jarmie & Rogers, P.C.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 18 2018
    Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
  2. May 31 2018
    Reply of petitioners Daniel T. Pauly, et al. filed. (Distributed)
  3. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  4. May 24 2018
    Motion to extend the time to file a reply denied. See Rule 15.6.
  5. May 23 2018
    Motion to extend the time to file a reply in support of the petition for a writ of certiorari submitted to The Clerk.
  6. May 11 2018
    Brief of respondents Ray White, et al. in opposition filed.
  7. Mar 26 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2018.
  8. Mar 22 2018
    Motion to extend the time to file a response from April 11, 2018 to May 11, 2018, submitted to The Clerk.
  9. Mar 12 2018
    Response Requested. (Due April 11, 2018)
  10. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  11. Mar 02 2018
    Waiver of right of respondents Ray White, et al. to respond filed.
  12. Mar 02 2018
    Brief amicus curiae of Cato Institute filed.
  13. Jan 29 2018
    Petition for a writ of certiorari filed. (Response due March 2, 2018)