Supreme Court Report

Supreme Court of the United States · Official docket →

Daniel Sohn, et ux. v. Mariposa County, California, et al.

Paid petition · Court of Appeal of California, Fifth Appellate District, No. F076677 · judgment March 18, 2020

Certiorari denied · November 23, 2020
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Where a government entity enters and takes real and personal property of its citizens under color of law based on an intentional misinterpretation of a statute, to wit, California’s Subdivision Map Act, does such conduct constitute a violation of the property owners’ rights under the Fourth, Fifth and Fourteenth Amendments of the U.S. Constitution and a violation of their civil rights within the meaning of 42 U.S.C. 1983?

  2. If so, does a cause of action for violation of civil rights under 42 U.S.C. 1983 based on an illegal entry onto real property by a government entity accrue at the time of the alleged entry?

  3. Where a government entity knowingly and repeatedly engages in a long-term conspiracy with developers and others to circumvent statutory law, to wit, California’s Subdivision Map Act, does such conduct constitute a violation of the rights of impacted property owners under the Fourth, Fifth and Fourteenth Amendments of the U.S. Constitution and a violation of their civil rights within the meaning of 42 U.S.C. 1983?

  4. If so, does a cause of action for violation of civil rights under 42 U.S.C. 1983 based on an alleged conspiracy by a government entity to circumvent statutory law, accrue at the time the plaintiffs first learn of repeated instances of the conduct which strongly suggest an intentional scheme?

Counsel of record

For petitioner
Janice Ryan Mazur
Mazur & Mazur LLC

For respondent
Glen Calvin Hansen
Abbott & Kindermann, Inc.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 23 2020
    Petition DENIED.
  2. Nov 05 2020
    Reply of petitioners Daniel and Juliet Sohn filed. (Distributed)
  3. Nov 04 2020
    DISTRIBUTED for Conference of 11/20/2020.
  4. Oct 19 2020
    Brief of respondents County of Mariposa, etc., et al. in opposition filed.
  5. Aug 31 2020
    Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2020, for all respondents.
  6. Aug 28 2020
    Motion to extend the time to file a response from September 18, 2020 to October 19, 2020, submitted to The Clerk.
  7. Aug 14 2020
    Petition for a writ of certiorari filed. (Response due September 18, 2020)