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Pancho's LLC v. James T. Hughes, et al.

Paid petition · Supreme Court of Appeals of West Virginia, No. 17-1146 · judgment September 9, 2019


Certiorari denied · February 24, 2020
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Does Paul v. Davis, 424 U.S. 693 (1976), establish a two-pronged test for a cause of action under 42 U.S.C. § 1983?

  2. Whether the stigma to reputation, in conjunction with a violation of due process rights established by a federal regulation, without notice and the opportunity for a hearing, satisfies a two-pronged test of Paul v. Davis, 424 U.S. 693 at 708-09 (1976), and establishes a cause of action under 42 U.S.C. § 1983.

Counsel of record

For petitioner
Sean Jeffrey Sawyer
Higinbotham & Higinbotham, PLLC

For respondent
Jeffery Warren Lilly
Rose Padden Petty Taylor & Lilly, L.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 22 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Jan 21 2020
    Reply of petitioner Pancho's LLC filed. (Distributed)
  4. Jan 08 2020
    Brief of respondents James T. Hughes, et al., et al. in opposition filed.
  5. Dec 06 2019
    Petition for a writ of certiorari filed. (Response due January 9, 2020)