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Steven Eric Greer v. Dennis Mehiel, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-326 · judgment March 17, 2020


Certiorari denied · June 22, 2020
Pre-decision estimate: 0% cert probability

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

Question presented

The Lozman question Did the lower courts misapprehend, then ignore completely on appeal, Lozman v. City of Riviera Beach, Fla., 13 8 S. Ct. 1945 (2018) in denying the Rule 60 motion and appeal? Was Greer v Mehiel indeed remarkably similar to Lozman. and therefore the probable cause defense should not have defeated the two First Amendment retaliation claims (i.e. that Greer’s rights to petition and to report in the press were violated as well as being retaliated against via eviction)? The Monell question Respondent Dennis Mehiel, who was both the CEO and Chair of the Board of the Battery Park City Authority (“BPCA”) at the time, was considered by the lower courts as not having “final policymaking authority”? Did the lower courts misapprehend Monell v. Dept, of Soc. Srvcs. of the City of NY, 436 U.S. 658 (1978) and set a dangerous precedent making it virtually impossible for a citizen to sue a government agency unless the board meets and publicly agrees to violate a constitutional right? Related, if an individual respondent is removed during early stages of motion to dismiss, as Mr. Mehiel was in this case, but then later admits under oath to the acts that violated the First Amendment, should the courts ignore that evidence? iiv \

Counsel of record

For petitioner
Steven E. Greer

For respondent
Pamela Anne Bresnahan
Vorys, Sater, Seymour and Pease LLP

Case

Conference history
Distributed for 1 conference

Linked docket
19A1049

Proceedings

  1. Sep 11 2020
    Rehearing DENIED.
  2. Aug 20 2020
    DISTRIBUTED.
  3. Jul 17 2020
    Petition for Rehearing filed.
  4. Jun 22 2020
    Petition DENIED.
  5. Jun 02 2020
    DISTRIBUTED for Conference of 6/18/2020.
  6. Jun 01 2020
    Waiver of right of respondents Dennis Mehiel, et al. to respond filed.
  7. May 29 2020
    Application (19A1049) denied by Justice Ginsburg.
  8. May 29 2020
    Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2020, for all respondents.
  9. May 28 2020
    Application (19A1049) for reconsideration of Clerk's action extending the time to file a response to the petition for a writ of certiorari, submitted to Justice Ginsburg.
  10. May 27 2020
    Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2020.
  11. May 27 2020
    Motion of respondents Dennis Mehiel and Robert Serpico to extend the time to file a response from June 1, 2020 to July 1, 2020, submitted to The Clerk.
  12. May 26 2020
    Motion to extend the time to file a response from June 1, 2020 to July 1, 2020, submitted to The Clerk.
  13. Apr 21 2020
    Petition for a writ of certiorari filed. (Response due June 1, 2020)