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Richard Lee Wann v. St. Francois County, Missouri, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-3857 · judgment October 17, 2017

Certiorari denied · April 30, 2018
Pre-decision estimate: 1% cert probability

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

Question presented

Whether the Per Curiam Decision of the Eighth Circuit Court of Appeals affirming the Eastern District Court of Missouri’s dismissal of the case without leave to amend on the grounds of Absolute Judicial Immunity as to the state court trial judge Hon. Shawn Ragan McCarver and Qualified Immunity as to the St. Francois County Public Administrator V. Kenneth Rohrer, Edward Pultz, Attorney for Public Administrator V. Kenneth Rohrer, and Brice Sechrest Former Attorney for Richard Lee Wann, although an amended complaint was presented to the District Court, violated Supreme Court Rule 10 (a) and (c) in that:

  1. the Court of Appeals decision affirming the dismissal without leave to amend despite an amendment having been presented to the District Court: (a) “sanctioned such a departure by a lower court from the accepted and usual course of judicial proceedings, as to call for an exercise of this Court’s supervisory power” [Supreme Court Rule 10 (a)]; and (b) “decided an important federal question in a way that conflicts with relevant decisions of this Court” [Supreme Court Rule 10 (c)]; and

  2. the Court of Appeals decision affirming the dismissal on the grounds of Absolute Judicial Immunity as to the state court trial judge Hon. Shawn Ragan McCarver and Qualified Immunity as to the St. Francois County Public Administrator V. Kenneth Rohrer, Edward Pultz,

Counsel of record

For petitioner
Stephen Chandler Banton
Legacy Law, LLC

For respondent
Julie Marie Blake
Missouri Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 30 2018
    Petition DENIED.
  2. Apr 11 2018
    DISTRIBUTED for Conference of 4/27/2018.
  3. Mar 28 2018
    Waiver of right of respondent St. Francois County, Missouri and V. Kenneth Rohrer to respond filed.
  4. Mar 26 2018
    Waiver of right of respondent Americare at Maplewood Assisted Living, LLC to respond filed.
  5. Mar 02 2018
    Blanket Consent filed by Petitioner, Richard Lee Wann.
  6. Feb 27 2018
    Waiver of right of respondent Judge Shawn McCarver to respond filed.
  7. Feb 20 2018
    Petition for a writ of certiorari filed. (Response due March 28, 2018)