Supreme Court of the United States · Official docket →
Michael Cowels, et al. v. Federal Bureau of Investigation, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 18-1801 · judgment August 26, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The questions presented are as follows:
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Whether a determination by the Federal Bureau of Investigation (the “FBI”) that a DNA profile is ineligible for upload to the National DNA Index System (“NDIS”) – the nationwide database of DNA profiles – is arbitrary and capricious and must be set aside pursuant to the Administrative Procedure Act where the determination fails to consider the source of the DNA profile.
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Whether a determination by the FBI that a DNA profile is ineligible for upload to NDIS must be remanded as pretextual where the determination is not based on the FBI’s independent review of relevant information but rather is based on limited information provided by an entity seeking a determination of ineligible.
Counsel of record
For petitioner
David Apfel
Goodwin Procter LLP
For respondent
Noel John Francisco
Jones Day
Proceedings
- Feb 24 2020Petition DENIED.
- Jan 29 2020DISTRIBUTED for Conference of 2/21/2020.
- Jan 21 2020Waiver of right of respondents Federal Bureau of Investigation, et al. to respond filed.
- Dec 20 2019Petition for a writ of certiorari filed. (Response due January 21, 2020)
- Nov 08 2019Application (19A511) granted by Justice Breyer extending the time to file until December 20, 2019.
- Nov 06 2019Application (19A511) to extend the time to file a petition for a writ of certiorari from November 24, 2019 to December 20, 2019, submitted to Justice Breyer.