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Jose Luis Garza, et al. v. City of Donna, Texas

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-40044 · judgment April 26, 2019


Certiorari denied · December 9, 2019
Pre-decision estimate: 1% cert probability

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

Question presented

Did the panel err – in the summary judgment context – in determining as a matter of law, on the basis of no articulated evidence or authority, that the signs posted by Respondent were too “inexact” and “nebulous” in meaning to constitute municipal policy for § 1983 “episodic act or omission” purposes, rather than treating the interpretation of such self-identified ambiguities as a question of fact, where the non-movant supplied ample evidence establishing that such signs constituted clear official approval of detainee mistreatment?

Counsel of record

For petitioner
Victoria Guerra
Law Office of Victoria Guerra

For respondent
J. Arnold Aguilar
Aguilar & Zabarte, LLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 09 2019
    Petition DENIED.
  2. Nov 13 2019
    DISTRIBUTED for Conference of 12/6/2019.
  3. Nov 11 2019
    Reply of petitioners Jose Luis Garza, et al. filed.
  4. Oct 29 2019
    Brief of City of Donna in opposition not accepted for filing. (October 30, 2019 -- Corrected version to be submitted)
  5. Oct 29 2019
    Brief of respondent City of Donna in opposition filed.
  6. Sep 30 2019
    Response Requested. (Due October 30, 2019)
  7. Sep 18 2019
    DISTRIBUTED for Conference of 10/11/2019.
  8. Sep 09 2019
    Waiver of right of respondent City of Donna to respond filed.
  9. Aug 28 2019
    Petition for a writ of certiorari filed. (Response due September 30, 2019)