Supreme Court Report

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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: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a petition filed soon after the judgment below.

Questions 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

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 21, 2020 · Certiorari denied

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)