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Brandon S. Lavergne v. Burl Cain, Warden, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-31101 · judgment October 14, 2019

Certiorari denied · October 5, 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.

Questions presented

  1. Did the state actors Paul Smith, Amber Vittorio and Michael Vaughn violate my 61tl and 14* Amendment rights by finding me guilty of a rule violation for having a defendant served with Legal Mail lor a lawsuit? Bur! Cam violate my 5th 6th and 14* amendments rights when he refused

  2. Did N. . . to answer the disciplinary appeal for the legal man1 service's

  3. Can a person use a prison negative mail list to both retaliate against a prisoner for a lawsuit and to avoid being served for that same lawsuit ■:

  4. Are blanket out going mail blocks legal?

  5. Do I have a greater right to correspondence while in solitary confinement? 6, Can a federal district court evaluate facts and evidence during summary juckment?

  6. If a state actor lies in disciplinary reports and steals federal mail can he be granted qualified immunity? 8..'is there a financial penalty for a dismissed disciplinary sentence if it was already served, before the report was dismissed?

Counsel of record

For petitioner
Brandon Scott Lavergne

For respondent
Elizabeth Baker Murrill
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 11 2021
    Rehearing DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Oct 14 2020
    Petition for Rehearing filed.
  4. Oct 05 2020
    Petition DENIED.
  5. Aug 19 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Aug 11 2020
    Waiver of right of respondent Burl Cain to respond filed.
  7. Jan 08 2020
    Petition for a writ of certiorari filed. (Response due August 12, 2020)