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Jun Xiao v. Regents of the University of Minnesota, et al.

Paid petition · Court of Appeals of Minnesota, No. A18-0646 · judgment May 6, 2019


Certiorari denied · January 13, 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

Whether the state district court erred in dismissing Petitioner’s 42 U.S.C. § 1983, Fourteenth Amendment equal protection claim for failure to state a claim upon which relief can be grated. Whether the lower courts, given the facts, wrongfully employed and misapplied a heightened scrutiny standard rather than the deferential Turner standard? See Turner v. Safley, 482 U.S. 78 (1987). Whether the Fifth and Fourteenth Amendments can prevail a state status (Minn. Stat. § 606.01) when deciding whether students can be awarded monetary relief for their property damages (education right is a property right). Whether students at a state-owned university should have the same federal legal rights as students at private universities when state-owned university students suffered property loss. Whether maliciously acting government officials should be awarded “qualified immunity” in terms of First Amendment retaliation.

Counsel of record

For petitioner
Jun Xiao

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 09 2020
    Rehearing DENIED.
  2. Feb 19 2020
    DISTRIBUTED for Conference of 3/6/2020.
  3. Feb 06 2020
    Petition for Rehearing filed.
  4. Jan 13 2020
    Petition DENIED.
  5. Dec 18 2019
    DISTRIBUTED for Conference of 1/10/2020.
  6. Oct 31 2019
    Petition for a writ of certiorari filed. (Response due December 4, 2019)