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Michael Gannon v. City of Eugene, Oregon

Paid petition · Court of Appeals of Oregon, No. A161044 · judgment November 15, 2018


Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Do the First Amendment's protections to public streets as the archetype of a traditional public forum extend to city and state public streets and public buildings owned by a public university?

  2. If indeed the First Amendment's protections do extend to the public streets and public buildings of a public university, is the public university required to provide Fifth Amendment Due Process for deprivation of that liberty?

  3. Does the Eighth Amendment's provision for proportionality apply to an 18-month ban from large swaths of public land, streets and sidewalks across the state of Oregon, owned by the public university, for merely falling asleep once after hours in a library, without any mention of threat to property or person?

Counsel of record

For petitioner

For respondent
Ben Miller
Eugene City Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 17 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 18 2019
    Waiver of right of respondent City of Eugene to respond filed.
  4. Jun 05 2019
    Petition for a writ of certiorari filed. (Response due July 8, 2019)