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Michael J. Daugherty, et al. v. Alain H. Sheer, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 17-5128 · judgment June 1, 2018
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.
Question presented
The D.C. Circuit dismissed the petitioners’ complaint under Rule 12(b)(6) on the ground that it failed to allege facts sufficient to rebut a qualified-immunity defense, deepening a well-developed circuit split on whether complaints must anticipate and plead around qualified immunity. The question presented is: May a court dismiss a complaint under Rule 12(b)(6) for failing to plead facts needed to overcome an anticipated qualified-immunity defense? (i)
Counsel of record
For petitioner
James W. Hawkins
James W. Hawkins, LLC
For respondent
Noel John Francisco
Jones Day
Proceedings
- Mar 04 2019Petition DENIED.
- Feb 13 2019DISTRIBUTED for Conference of 3/1/2019.
- Jan 29 2019Waiver of right of respondent Duggan, Michael, et al. to respond filed.
- Jan 29 2019Waiver of right of respondent Alain H. Sheer, et al. to respond filed.
- Jan 02 2019Petition for a writ of certiorari filed. (Response due February 6, 2019)
- Oct 24 2018Application (18A426) granted by The Chief Justice extending the time to file until December 31, 2018.
- Oct 18 2018Application (18A426) to extend the time to file a petition for a writ of certiorari from November 1, 2018 to December 31, 2018, submitted to The Chief Justice.