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Rafael Pabon Ortega v. Isabel Llompart Zeno, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 16-1599 · judgment January 24, 2018

Certiorari denied · January 7, 2019
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

Whether the automatic stay provisions of the Bankruptcy Code, 11 U.S.C. §§ 362, 922, as incorporated into PROMESA are unconstitutional as applied by the First Circuit to suspend—during the minimum 4 year life of the Commonwealth’s PROMESA’s petition—the prosecution of Petitioner’s First Amendment civil rights action under the Civil Rights Act of 1871, 42 U.S.C. § 1983; particularly where the § 1983 action: (a) does not pursue economic damages against the Commonwealth; and (b) solely seeks damages against the state official in her personal capacity and prospective equitable relief against the state official in his official capacity, consistent with Ex parte Young and its progeny.

Counsel of record

For petitioner
Carlos Antonio Del Valle Cruz
Del Valle Law

For respondent
Carlos Lugo-Fiol

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Feb 19 2019
    Rehearing DENIED.
  2. Jan 30 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 23 2019
    Petition for Rehearing filed.
  4. Jan 07 2019
    Petition DENIED.
  5. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  6. Dec 14 2018
    Reply of Rafael Pabon Ortega not accepted for filing. (December 18, 2018)(Corrected version submitted)
  7. Dec 14 2018
    Reply of petitioner Rafael Pabon Ortega filed. (12/18/2018)
  8. Dec 06 2018
    Brief of respondents Isabel Llompart-Zeno, et al in opposition filed.
  9. Nov 16 2018
    Motion to extend the time to file a response is granted in part and the time is extended to and including December 19, 2018.
  10. Nov 14 2018
    Motion to extend the time to file a response from November 21, 2018 to December 21, 2018, submitted to The Clerk.
  11. Nov 14 2018
    Response to motion to extend the time to file a response filed by respondents.
  12. Oct 22 2018
    Response Requested. (Due November 21, 2018)
  13. Oct 15 2018
    Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)
  14. Oct 10 2018
    DISTRIBUTED for Conference of 10/26/2018.
  15. Oct 05 2018
    Waiver of right of respondents Isabel Llompart-Zeno, et al. to respond filed.
  16. Sep 11 2018
    Petition for a writ of certiorari filed. (Response due October 15, 2018)