Supreme Court of the United States · Official docket →
Patrick H. Stockdale, et al. v. Kim R. Helper
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-5269 · judgment October 30, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Two district court judges denied District Attorney General Kim Helper both absolute and qualified immunity for intentionally causing the Petitioners’ terminations in retaliation for exposing public corruption and for filing a lawsuit involving a matter of public concern. The Sixth Circuit affirmed the denial of absolute immunity to Gen. Helper, but reversed on qualified immunity. Petitioners present the following questions:
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Whether the decisional law regarding retaliation under the Petition Clause of the First Amendment was clearly established to place a public official on notice that causing the termination of a public employee violated the Petitioner’s First Amendment rights?
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Whether a prosecutor’s purported belief that she would be protected by absolute prosecutorial immunity after she retaliated against two police officers and intentionally caused their termination should have any bearing on whether the constitutional right in question was clearly established under existing law?
Counsel of record
For petitioner
W. Gary Blackburn
The Blackburn Firm, PLLC
For respondent
Joseph F. Whalen III
Attorney general's Office
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 11 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 21 2021Brief of respondent Kim R. Helper in opposition filed.
- May 20 2021Petition for a writ of certiorari filed. (Response due June 23, 2021)