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Phillip W. Hurd, et al. v. Joy Laskar

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-11719 · judgment August 28, 2020


Certiorari denied · April 18, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

A plaintiff alleging malicious prosecution under 42 U.S.C. § 1983 must show that the broader prosecution against him was terminated in his favor. Heck v. Humphrey, 512 U.S. 477, 483, 484, 487 (1994). The question presented is whether a plaintiff satisfies the favorable-termination requirement by showing that his prosecution has “ended in a manner that affirmatively indicates his innocence,” as seven circuits require, or merely that the termination was “not inconsistent with innocence,” as the Eleventh Circuit held below.

Counsel of record

For petitioner
Stephen John Petrany

For respondent
Michael Alan Dailey
Anderson Dailey LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 18 2022
    Petition DENIED.
  2. Apr 11 2022
    DISTRIBUTED for Conference of 4/14/2022.
  3. May 11 2021
    DISTRIBUTED for Conference of 5/27/2021.
  4. Apr 21 2021
    Response to petition from respondent Joy Laskar, Ph.D. filed.
  5. Mar 22 2021
    Petition for a writ of certiorari filed. (Response due April 26, 2021)