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Andrew Clarke v. Russell R. McMurray, Commissioner, Georgia Department of Transportation

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-13446 · judgment April 2, 2019

Certiorari denied · February 24, 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

Government officials may be sued in their indiv idual capacity. Such a suit does not represent a suit against the government entity for which he is associated. Kentucky v. Graham, 473 U.S. 159, 165 (1985). The failure to identify in which capacity a defendant is being sued is a critical pleading defect. The question presented is whether, in the instant case, where Russell R. McMurray, the named defen dant, can be sued in his individual capacity, or whether as the lower courts deemed, this suit is equivalent to suing the State of Georgia.

Counsel of record

For petitioner
Andrew Clarke

For respondent
Andrew Alan Pinson
Office of the Georgia Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

Feb 24 2020
Petition DENIED.
Jan 15 2020
DISTRIBUTED for Conference of 2/21/2020.
Jan 07 2020
Waiver of right of respondent Russell R. McMurray to respond filed.
Jun 25 2019
Petition for a writ of certiorari filed. (Response due January 9, 2020)