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Shane M. Gates v. Walter Reed, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30519 · judgment March 22, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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. Whether the Court of Appeals erred by failing to recognize that a District Attorney, who in his private law practice represented, and received hundreds of thousands of dollars in legal fees from, the liability insurer for the Parish (county) served by that District Attorney, both violated the Hobbs Act (18 U.S.C. § 1951, et seq.) and denied a criminal defendant substantive due process when that District Attorney used the authority of his public office to institute and maintain a misdemeanor criminal prosecution at the behest of that insurer and for the purpose of bolstering that insurer’s defense of a civil lawsuit for the tort of excessive force that was filed as a civil rights action by the misdemeanor defendant against the Sheriff of that Parish and others.
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Whether the Court of Appeals erred in upholding the District Court’s dismissal of two civil rights suits against a District Attorney and a Sheriff, on the alleged ground that the plaintiff had failed to prosecute his civil suit when, in fact, that District Court had stayed the plaintiff’s suit on the defendants’ motion.
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. Whether the Court of Appeals erred as a matter of law when it denied a misdemeanor defendant an injunction against DUI and resisting arrest prosecutions against him, where those misdemeanor cases’ continued prosecution denied him important substantive and procedural due process rights, including among others denial of a speedy trial in violation of both state statute and the Sixth Amendment, improper reuse of evidence previously rejected by a felony trial jury
Counsel of record
For petitioner
John Alford Hollister
For respondent
Lawrence E. Abbott
Cotten Schmidt, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 19 2019Petition DENIED.
- Jan 09 2019DISTRIBUTED for Conference of 2/15/2019.
- Dec 21 2018Brief of respondents Rodney J. "Jack" Strain, Jr., in both his individual capacity and his official capacity as former Sheriff of St. Tammany Parish, et al. in opposition filed.
- Dec 21 2018Waiver of right of respondents St. Paul Fire & Marine Insurance (improperly named as "Travelers-St. Paul Insuance Companies") to respond filed.
- Dec 21 2018Waiver of right of respondent Marie - Elise Prieto to respond filed.
- Dec 19 2018Waiver of right of respondent Walter P. Reed, In His Official Capacity to respond filed.
- Dec 19 2018Waiver of right of respondents Ronald Gracianette, et al. to respond filed.
- Dec 17 2018Waiver of right of respondent Philip Duiett to respond filed.
- Aug 28 2018Petition for a writ of certiorari filed. (Response due December 21, 2018)