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Daniel Enrique Cantú v. James M. Moody, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-40434 · judgment August 5, 2019


Certiorari denied · June 15, 2020
Pre-decision estimate: 20% cert probability (95% interval 15%–26%)

Before the decision, about 4.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition.

Question presented

The question presented is whether a plaintiff may pursue a claim under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging that a federal officer fabricated evidence.

Counsel of record

For petitioner
Paul Whitfield Hughes
McDermott Will & Emery

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
19A731

Proceedings

  1. Jun 15 2020
    Petition DENIED.
  2. May 26 2020
    DISTRIBUTED for Conference of 6/11/2020.
  3. May 26 2020
    Reply of petitioner Daniel Enrique Cantú filed. (Distributed)
  4. May 08 2020
    Brief of Federal respondents in opposition filed.
  5. Apr 21 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2020.
  6. Apr 20 2020
    Motion to extend the time to file a response from April 20, 2020 to May 8, 2020, submitted to The Clerk.
  7. Mar 23 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 20, 2020.
  8. Mar 20 2020
    Motion to extend the time to file a response from March 20, 2020 to April 20, 2020, submitted to The Clerk.
  9. Feb 14 2020
    Petition for a writ of certiorari filed. (Response due March 20, 2020)
  10. Dec 31 2019
    Application (19A731) granted by Justice Alito extending the time to file until February 14, 2020.
  11. Dec 30 2019
    Application (19A731) to extend the time to file a petition for a writ of certiorari from January 16, 2020 to February 14, 2020, submitted to Justice Alito.