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City of Miami, Florida v. Taiwan Smart

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-16740 · judgment June 28, 2018

Dismissed · February 1, 2019

Pre-decision estimate: 9% cert probability (95% interval 5%–15%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and an Eleventh Circuit decision below.

Question presented

I.Whether the isolated alleged incidents of constitutional violations in Plaintiff’s § 1983 claims, which are founded on the actions of non-state actors, are legally sufficient to establish a municipal “custom or practice” as held by the Eleventh Circuit Court of Appeals. II. Whether the Eleventh Circuit’s theory that the jury disbelieved witness testimony to the contrary constitutes sufficient evidence to support the Plaintiff’s burden of proof, in the absence of affirmative evidence supporting Plaintiff’s claim.

Counsel of record

For petitioner
Kerri Lauren McNulty
City of Miami, Office of the City Attorney

For respondent
Joseph P. Klock Jr.
Rasco Klock Perez Nieto PL

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
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Proceedings

Feb 01 2019
Petition Dismissed - Rule 46.
Jan 29 2019
Stipulation to dismiss the petition for a writ of certiorari under Rule 46.1 filed.
Dec 14 2018
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
Dec 13 2018
Motion to extend the time to file a response from December 14, 2018 to January 14, 2019, submitted to The Clerk.
Nov 08 2018
Petition for a writ of certiorari filed. (Response due December 14, 2018)