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Joseph Smith, et al. v. Pamela Motley, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15171 · judgment August 22, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Under existing Ninth Circuit and United States Supreme Court authority, a plaintiff can establish an Equal Protection Clause violation in the context of discriminatory policing by presenting either a statistical analysis showing a disparity in the treatment of disfavored and non-disfavored groups or evidence of instances in which the government treated similarly situated individuals differently, allowing for an inference that this disparity resulted from invidious discrimination. May plaintiffs meet their burden of establishing an Equal Protection Clause violation by a third method, where the plaintiffs have only anecdotal evidence of how the government allegedly treated the disfavored group?
Counsel of record
For petitioner
Scott William Davenport
Jones Mayer
For respondent
Kevin G. Little
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 24 2020Petition DENIED.
- Feb 05 2020DISTRIBUTED for Conference of 2/21/2020.
- Jan 30 2020Waiver of right of respondents Pamela Motley, et al. to respond filed.
- Jan 14 2020Petition for a writ of certiorari filed. (Response due February 18, 2020)