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Reiyn Keohane v. Mark S. Inch, Secretary, Florida Department of Corrections

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-14096 · judgment March 11, 2020


Certiorari denied · October 4, 2021
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, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below, and down for a state or local-government respondent.

Question presented

Petitioner Reiyn Keohane is a Florida prisoner who challenged the denial of medically necessary care for gender dysphoria under then-applicable Florida Department of Corrections (FDC) policies. Following a trial, she obtained an injunction from the district court mandating the care. The FDC prevailed on appeal but then unilaterally applied a new, unchallenged policy to Ms. Keohane and granted her the relief she had requested, rendering Ms. Keohane’s challenge to the prior policies moot. Ms. Keohane sought vacatur on the ground that the FDC, as prevailing party, had unilaterally rendered her case moot, but the court of appeals denied the motion without explanation. The question presented is whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), the court of appeals’ judgment should be vacated where the FDC, after prevailing in the court of appeals, unilaterally rendered the case moot, thereby depriving Petitioner of an opportunity to seek this Court’s review of the merits of the court of appeals’ judgment.

Counsel of record

For petitioner
Daniel Boaz Tilley
ACLU Foundation for Florida, Inc.

For respondent
Lance Eric Neff
Office of the Attorney General, State of Florida

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 16 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 15 2021
    Reply of petitioner Reiyn Keohane filed. (Distributed)
  4. Jun 01 2021
    Brief of respondent Florida Department of Corrections Secretary in opposition filed.
  5. May 03 2021
    Petition for a writ of certiorari filed. (Response due June 7, 2021)