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Moses McCormick, et al. v. Kim A. Browne, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-3004 · judgment September 18, 2018


Certiorari denied · January 14, 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

In light of this Court's recognition in Owen v. City of Independence, 445 U.S. 635-658 (1980), "A Municipality has no immunity from liability under 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability" Would leave to Amend the Plaintiff's Complaint be considered futile if the Municipality with no immunity can be added as a defendant and held liable for the multiple undisputed Fourteenth Amendment violations for customs adopted by its officials? With Respect to this Court's Decision in Pulliam v. Allen, 466 U.S. 528-543 (1984), is injunctive relief automatically barred to a Plaintiff if an Official is Immune to Monetary Damages under 42 U.S.C. § 1983, and their Judicial Process is not self-correcting and has no remedy at law? In light of this Court's opinion in United States v. Price, 383 U.S. 794-795, is leave to amend a Complaint futile if a private person jointly conspiring with State officials to willfully violate a citizen's rights secured by the Fourteenth Amendment to the United States Constitution be held liable for monetary damages under 42 U.S.C. § 1983? Are 42 U.S.C. § 1983 Complaints filed in District Court considered a petition to the government for redress as set forth in the First Amendment to the United States Constitution?

Counsel of record

For petitioner
Moses McCormick

For respondent
Amy L. Hiers
Franklin County Prosecutor's Office, Civil Div.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 14 2019
    Petition DENIED.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Dec 13 2018
    Waiver of right of respondents Kim A. Browne, et al. to respond filed.
  4. Dec 04 2018
    Petition for a writ of certiorari filed. (Response due January 7, 2019)