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LeFloris Lyon v. Canadian National Railway Company, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-3340, 18-1066 · judgment March 5, 2018


Certiorari denied · January 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.

Question presented

Whether the Seventh Circuit decision conflicts with all Courts of appeals, and Lozman v. City of Riviera Beach, 138 S. Ct. 1945 (2018); Manuel v. City of Joliet, Ill., 137 S. Ct. 911 (2017); Hartman v. Moore, 547 U. S. 250 (2006)- 28 U.S.C. §292(d)-28 U.S.C. § 455(b)—sealing without a Sealing Order—denying access to the court record—denying a criminal defendant counsel—when law enforcement agents and judicial officers, may be liable under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), for retaliatory prosecution in violation of the First Amendment and Fourth Amendment when the arrest warrants, detention and prosecution was not supported by probable cause? Whether the Seventh Circuit decision conflicts with all Courts of appeals, and this Court's decisions in Lawson v. FMRLLC, 134 S. Ct. 1158 (2014); Digital Realty Trust, Inc. v. Somers, 138 S. Ct. 767 (2018)—excluding court records—prohibiting a pro se plaintiffs Rule 60 complaint—contrary to 28 U.S.C. §1915, when the law to that effect was clearly established at the time that retaliatory criminal charges were filed against petitioner, such that respondents are not entitled to qualified immunity.

Counsel of record

For petitioner
LeFloris Lyon

For respondent
James Daniel Helenhouse
Fletcher & Sippel LLC

Case

Conference history
Distributed for 2 conferences

Linked docket
18M50, 17A1381

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 17 2018
    Letters of December 11, 2018 from petitioner received.
  3. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  4. Nov 06 2018
    Waiver of right of respondents Wise Carter Child & Caraway, P.A. to respond filed.
  5. Oct 15 2018
    Motion (18M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  6. Sep 26 2018
    MOTION (18M50) DISTRIBUTED for Conference of 10/12/2018.
  7. Sep 01 2018
    Motion (18M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  8. Sep 01 2018
    Petition for a writ of certiorari filed. (Response due November 14, 2018)
  9. Jun 18 2018
    Application (17A1381) granted by Justice Kagan extending the time to file until September 1, 2018.
  10. Jun 12 2018
    Application (17A1381) to extend the time to file a petition for a writ of certiorari from July 3, 2018 to September 1, 2018, submitted to Justice Kagan.