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Jonas Ybarra, Jr. v. Texas Health and Human Services Commission, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-40771 · judgment July 15, 2019

Certiorari denied · April 27, 2020
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Mr. Ybarra’s Bivens claim has no administrative remedy and should not be construed to preclude a juridical remedy.

  2. Mr. Ybarra’s Section 1983 claim indicates a reasonable inference that the “negative information” complained of includes Mr. Ybarra’s previous testimony.

  3. Mr. Ybarra’s Section 1985(3) claim is not specifi- cally precluded by existing authority and Mr. Ybarra’s experienced invidious discriminatory animus towards his sex.

  4. Mr. Ybarra’s sex discrimination claim can be proven by circumstantial evidence.

Counsel of record

For petitioner
Edward A. Stapleton III
Ed Stapleton, Lawyer

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 27 2020
    Petition DENIED.
  2. Apr 08 2020
    DISTRIBUTED for Conference of 4/24/2020.
  3. Apr 02 2020
    Waiver of right of respondents Texas Health and Human Services, Commission, et al. to respond filed.
  4. Apr 01 2020
    Waiver of right of federal respondents to respond filed.
  5. Nov 21 2019
    Petition for a writ of certiorari filed. (Response due April 27, 2020)