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Robert E. Garcia v. Michael Falk, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-3240 · judgment October 18, 2019


Certiorari denied · April 20, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This Court has explained that “nominal damages * * * are the appropriate means of ‘vindicating’ rights whose deprivation has not caused actual, provable injury.” Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299, 308 n.11 (1986); see also Carey v. Piphus, 435 U.S. 247, 266 (1978) (“Because the right to procedural due process is ‘absolute’ in the sense that it does not depend upon the merits of a claimant’s substantive assertions, and because of the importance to organized society that procedural due process be observed, we believe that the denial of procedural due process should be actionable for nominal damages without proof of actual injury.” (internal citations omitted)). The question presented is: Whether it is an error of law to dismiss a constitutional claim brought under 42 U.S.C. 1983 on the grounds that the plaintiff has failed to establish a compensable injury. (i)

Counsel of record

For petitioner
Christopher Ryan Fredmonski
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
Steven Chiajon Wu
New York County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 20 2020
    Petition DENIED.
  2. Apr 01 2020
    DISTRIBUTED for Conference of 4/17/2020.
  3. Mar 26 2020
    Waiver of right of respondent Michael Falk, et al. to respond filed.
  4. Mar 02 2020
    Petition for a writ of certiorari filed. (Response due April 6, 2020)