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City of Sandpoint, Idaho, et al. v. Dana Maddox, on Behalf of Minor Children D. M. and D. M., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-35875 · judgment July 25, 2018


Certiorari denied · February 19, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a state or local-government petitioner and a Ninth Circuit decision below.

Questions presented

  1. Does the Ninth Circuit Panel’s refusal to hear these petitioning police officers’ interlocutory appeal on their claim of qualified immunity deny them the appellate remedy to which they are entitled under the decisions of this Court and does this refusal constitute a denial of due process?

  2. Is the Panel’s inexplicable, arbitrary resort to waiver and forfeiture to deny jurisdiction to hear this interlocutory appeal at odds with its duty to carry out a de novo review of the summary judgment record, causing a jurisdictional ambush which without notice unfairly denies petitioners their right to a timely review of their claim of qualified immunity?

Counsel of record

For petitioner
Jennifer Hughes Fegert
Lake City Law Group PLLC

For respondent
April Marie Linscott
Owens, McCrea & Linscott, PLLC

Case

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

Conference history
Distributed for 1 conference

Order
Order list, February 19, 2019 · Certiorari denied

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 16 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 04 2019
    Waiver of right of respondents Dana Maddox, on behalf of Minor Children D.M. and D.M., and Raymond Foster, on behalf of Minor Child H.F. to respond filed.
  4. Jan 02 2019
    Waiver of right of respondent Shane Riley to respond filed.
  5. Nov 27 2018
    Petition for a writ of certiorari filed. (Response due January 7, 2019)