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The Estate of Swannie Her, et al. v. Craig Hoeppner, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-3524 · judgment September 26, 2019

Certiorari denied · February 24, 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, counsel who has filed here before, and a petition filed soon after the judgment below.

Questions presented

This petition poses two questions: first, whether the state-created danger doctrine provides a due process claim; and second, what level of culpable intent imposes liability on state created dangers that inflict harm?

If a state creates a danger that causes the loss of life, liberty or property, is it a violation of the due process clause of the Fourteenth Amendment protecting life, liberty and property from state deprivation without due process of law?
If a state creates a danger that causes the loss of life, liberty or property, is the state liable under the Fourteenth Amendment if the state knew of or were aware of the danger and failed to take reasonable protections against the danger, even if they did not act with criminal intent to cause injury?

Counsel of record

For petitioner
Robert Edward Barnes
Barnes law

For respondent
Remzy D. Bitar
Municipal Law & Litigation Group, S.C.

Case

Conference history
Distributed for 1 conference

Proceedings

Feb 24 2020
Petition DENIED.
Feb 05 2020
DISTRIBUTED for Conference of 2/21/2020.
Jan 29 2020
Waiver of right of respondents Craig Hoeppner, et al. to respond filed.
Dec 26 2019
Petition for a writ of certiorari filed. (Response due January 30, 2020)