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City of Sacramento, California, et al. v. Robert Mann, Sr., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-15483 · judgment April 30, 2020

Certiorari denied · October 19, 2020
Pre-decision estimate: 7% cert probability (95% interval 5%–11%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition.

Questions presented

  1. Whether the First Amendment protects intimate associations absent expressive activity;

  2. If so, whether that protection exceeds what the Due Process Clause provides;

  3. Whether sibling relationships can qualify as intimate absent cohabitation; and

  4. Whether liability under 42 U.S.C. § 1983 for associational deprivation requires an intent to harm the protected association, rather than also encompassing incidental results.

Counsel of record

For petitioner
John A. Whitesides
Angelo, Kilday & Kilduff, LLP

For respondent
Mark Edwin Merin
Law Office of Mark E. Merin

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 19 2020
    Petition DENIED.
  2. Sep 30 2020
    DISTRIBUTED for Conference of 10/16/2020.
  3. Sep 25 2020
    Reply of petitioners City of Sacramento, et al. filed. (Distributed)
  4. Sep 18 2020
    Brief of respondents Robert Mann, et al. in opposition filed.
  5. Sep 08 2020
    Response Requested. (Due October 8, 2020)
  6. Sep 02 2020
    DISTRIBUTED for Conference of 9/29/2020.
  7. Aug 27 2020
    Waiver of right of respondent Robert Mann, et al. to respond filed.
  8. Aug 10 2020
    Petition for a writ of certiorari filed. (Response due September 14, 2020)