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Carlos Loumiet v. United States, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-5020 · judgment January 28, 2020


Certiorari denied · June 29, 2020
Pre-decision estimate: 3% 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 stated that individual unconstitutional acts “are difficult to address except by way of damages actions after the fact,” 1 and that “forums of defense,” together with fee-shifting provisions, are an insufficient “patchwork” to cause “the Judiciary to stay its Bivens hand.” Here, did the Court of Appeals correctly 2 conclude that a forum of defense and an unrelated feeshifting statute preclude a Bivens remedy? 1 Ziglar v. Abbasi, 137 S.Ct. 1843, 1862 (2017). 2 Wilkie v. Robbins, 551 U.S. 537, 556 (2007).

Counsel of record

For petitioner
Andres Rivero
Rivero Mestre LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 29 2020
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  3. May 14 2020
    Waiver of right of respondent United States, et al. to respond filed.
  4. Apr 27 2020
    Petition for a writ of certiorari filed. (Response due June 1, 2020)