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Justin Grimsrud v. Department of Transportation

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1737 · judgment April 11, 2018

Certiorari denied · March 25, 2019
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.

Question presented

Petitioner, a tenured civil servant, was terminated from his position following a positive drug test. Insisting he had never used illegal drugs and therefore the tested specimen could not be his, he requested an aliquot of the sample to conduct DNA testing. Based on a Department of Transportation regulation forbidding DNA testing of drug samples, however, his request was denied and his termination sustained. Was petitioner deprived of a fair and meaningful opportunity to protect his property interest when he was denied the opportunity to access and examine the sole evidence upon which his termination was based?

Counsel of record

For petitioner
Michael Jeffrey Kator
KATOR, PARKS, WEISER & HARRIS, PLLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 25 2019
    Petition DENIED.
  2. Mar 06 2019
    DISTRIBUTED for Conference of 3/22/2019.
  3. Mar 04 2019
    Reply of petitioner Justin Grimsrud filed.
  4. Feb 21 2019
    Brief of respondent Department of Transportation in opposition filed.
  5. Jan 18 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including February 21, 2019.
  6. Jan 17 2019
    Motion to extend the time to file a response from January 22, 2019 to February 21, 2019, submitted to The Clerk.
  7. Dec 19 2018
    Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2019.
  8. Dec 18 2018
    Motion to extend the time to file a response from December 21, 2018 to January 22, 2019, submitted to The Clerk.
  9. Nov 16 2018
    Petition for a writ of certiorari filed. (Response due December 21, 2018)