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Matthew Fox, et al. v. Charles A. Summers

Paid petition · Supreme Court of Ohio, No. 2018-0959 · judgment December 10, 2020

Certiorari denied · June 7, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition.

Question presented

Petitioners Fox and Grey are public officials whose offices maintain records of the graphic details of sex crimes committed against Petitioner J.K., a minor crime victim. Despite Sixth Circuit precedent establishing constitutional protection for these records, the Ohio Supreme Court has ordered Petitioners Fox and Grey to release all of them to Respondent and to do so without redaction. The question presented is: Whether the Fourteenth Amendment Due Process right to informational privacy protects information of a personal, sexual nature related to one’s victimization from government dissemination absent a compelling state interest, a question as to which the courts of appeals are in conflict.

Counsel of record

For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
H. Louis Sirkin

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 07 2021
    Motion for leave to file amicus brief filed by Buckeye State Sheriffs’ Association GRANTED.
  2. Jun 07 2021
    Motion for leave to file amici brief filed by Legal Momentum, et al. GRANTED.
  3. Jun 07 2021
    Motion for leave to file amicus brief filed by Ohio Prosecuting Attorneys Association GRANTED.
  4. Jun 07 2021
    Petition DENIED.
  5. May 18 2021
    DISTRIBUTED for Conference of 6/3/2021.
  6. May 18 2021
    Reply of petitioner Matthew Fox, Jeff Grey, J.K. filed. (Distributed)
  7. May 03 2021
    Motion for leave to file amici brief filed by Legal Momentum, et al.
  8. May 03 2021
    Motion for leave to file amicus brief filed by Buckeye State Sheriffs’ Association.
  9. May 03 2021
    Brief of respondent Charles Summers in opposition filed.
  10. Apr 30 2021
    Motion for leave to file amicus brief filed by Ohio Prosecuting Attorneys Association.
  11. Mar 30 2021
    Petition for a writ of certiorari filed. (Response due May 3, 2021)