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P. Swaney, et al. v. Hector Lopez

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-16516


Certiorari denied · October 15, 2019
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

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

Question presented

Did the Ninth Circuit err when a divided panel of that court denied qualified immunity to correctional officers notwithstanding Third and Seventh Circuit authority making clear that the correctional officers’ conduct did not violate prisoners’ constitutional rights, and absent any contrary authority clearly establishing otherwise?

Counsel of record

For petitioner
Andrew George Pappas
Office of the Attorney General, State of Arizona

For respondent
Stephen Michael Weeks
Weeks Law Firm PLLC

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Oct 15 2019
    Petition DENIED.
  2. Oct 07 2019
    DISTRIBUTED for Conference of 10/11/2019.
  3. Jul 24 2019
    DISTRIBUTED for Conference of 10/1/2019.
  4. Jul 23 2019
    Reply of petitioners P. Swaney, et al. filed. (Distributed)
  5. Jul 08 2019
    Brief of respondents Hector Lopez, et al. in opposition filed.
  6. May 21 2019
    Motion to extend the time to file a response is granted and the time is extended to and including July 8, 2019.
  7. May 17 2019
    Motion to extend the time to file a response from June 6, 2019 to July 8, 2019, submitted to The Clerk.
  8. May 07 2019
    Response Requested. (Due June 6, 2019)
  9. Apr 17 2019
    DISTRIBUTED for Conference of 5/9/2019.
  10. Apr 07 2019
    Waiver of right of respondents Hector Lopez, et al. to respond filed.
  11. Mar 04 2019
    Petition for a writ of certiorari filed. (Response due April 8, 2019)