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DeRay McKesson v. John Doe

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30864 · judgment August 8, 2019


Dismissed · March 23, 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

Do the First Amendment and this Court’s decision in NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982), foreclose a state law negligence action making a “leader” of a protest demonstration personally liable in damages for injuries inflicted by an unidentified person’s violent act there, when it is undisputed that the leader neither authorized, directed, nor ratified the perpetrator’s act, nor engaged in or incited violence of any kind?

Counsel of record

For petitioner
David Thomas Goldberg
Donahue & Goldberg, LLP

For respondent

Case

Conference history

Amicus briefs
1 cert-stage

Linked docket
19A458

Proceedings

  1. Mar 23 2020
    Petition Dismissed - Rule 46.
  2. Mar 04 2020
    Motion to dismiss the petition for a writ of certiorari under Rule 46.2 filed.
  3. Jan 08 2020
    Brief amicus curiae of National Police Association filed.
  4. Dec 06 2019
    Petition for a writ of certiorari filed. (Response due January 9, 2020)
  5. Oct 25 2019
    Application (19A458) to extend the time to file a petition for a writ of certiorari from November 6, 2019 to December 6, 2019, submitted to Justice Alito.
  6. Oct 25 2019
    Application (19A458) granted by Justice Alito extending the time to file until December 6, 2019.