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Mark Graf, et al. v. Hyung Seok Koh, et ux.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-1809; 18-1821 · judgment August 13, 2019


Certiorari denied · January 21, 2020
Pre-decision estimate: 2% cert probability

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

Question presented

  1. Whether the Seventh Circuit’s renouncement of jurisdiction over Petitioners’ interlocutory appeal misapplied Johnson v. Jones, 515 U.S. 304 (1995), where the denial of qualified immunity on Respondent’s Fifth Amendment coercive interrogation claim was based solely upon competing characterizations of otherwise undisputed facts from a fully videotaped interview.

  2. Whether Petitioners were entitled to qualified immunity on Respondent’s Fifth Amendment coercive interrogation claim based upon the absence of clearly established law prohibiting any of their interview tactics, either individually or collectively.

  3. Whether the state criminal court judge’s fully informed determination to admit Respondent’s statements at his criminal trial was a superceding event which severed the chain of causation on Respondent’s coercive interrogation claim, entitling Petitioners to qualified immunity.

Counsel of record

For petitioner
James G. Sotos
The Sotos Law Firm, P.C.

For respondent
Jonathan Loevy
Loevy and Loevy

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 21 2020
    Petition DENIED.
  2. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  3. Dec 23 2019
    Reply of petitioners Mark Graf, et al. filed.
  4. Dec 16 2019
    Brief of respondents Hyung Seok Koh, et al. in opposition filed.
  5. Dec 10 2019
    Waiver of right of respondents Sung Phil Kim and the Village of Wheeling to respond filed.
  6. Nov 12 2019
    Petition for a writ of certiorari filed. (Response due December 16, 2019)