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Heather Marlowe v. City and County of San Francisco, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-15205 · judgment February 20, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

I. When does a Monell-based equal protection claim brought pursuant to 42 U.S.C. § 1983 accrue for statute of limitations purposes? Specifically, does the claim accrue when the plaintiff learns of her own injury, or when she learns of evidence demonstrating a discriminatory policy or custom? II. Does a plaintiff state an equal protection claim based on a municipality’s systemic failure to investigate rape cases, 90 percent of which involve women, in favor of other “more important” crimes?

Counsel of record

For petitioner
Becky Walker James
James & Associates

For respondent
Margaret Watry Baumgartner
San Francisco City Attorney's Office

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
18A1179

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 23 2019
    Brief amici curiae of Civil Rights Organizations--Civil Rights Forum and California Women Lawyers filed. (Distributed)
  3. Jul 31 2019
    DISTRIBUTED for Conference of 10/1/2019.
  4. Jul 23 2019
    Waiver of right of respondents City and County of San Francisco, et al. to respond filed.
  5. Jul 22 2019
    Petition for a writ of certiorari filed. (Response due August 23, 2019)
  6. May 15 2019
    Application (18A1179) granted by Justice Kagan extending the time to file until July 20, 2019.
  7. May 13 2019
    Application (18A1179) to extend the time to file a petition for a writ of certiorari from May 21, 2019 to July 20, 2019, submitted to Justice Kagan.