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Julie M. Sowell, et al. v. Tinley, Renehan & Dost, LLP, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-2809 · judgment April 17, 2020


Certiorari denied · November 2, 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.

Question presented

I. In the district court petitioners sought prospective declaratory relief, pursuant to 42 U.S.C. § 1983, from a Connecticut Superior Court protective order that violated their First Amendment right to free speech. The district court dismissed the action under the RookerFeldman doctrine. The Second Circuit panel affirmed in a summary order. The First Question Presented is: Does the Rooker-Feldman doctrine apply to interlocutory orders that are entered in state court proceedings that end after the federal court action is commenced? II. Under state law, state judges who violate constitutional rights while acting in their official capacity are subject to suit in an action for declaratory relief. Pamela B. v. Ment, 244 Conn. 296 (1998). In the district court petitioners alleged that practices adopted by the judicial respondents in Sowell v. DiCara, 161 Conn. App. 102, cert. denied, 320 Conn. 909 (2015), are unconstitutional and that petitioners’ challenges to the practices in the state courts were dismissed as being barred by

Counsel of record

For petitioner
George Eli Mendillo
George E. Mendillo

For respondent
Michael Kenneth Skold
Connecticut Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 11 2021
    Rehearing DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Nov 23 2020
    Petition for Rehearing filed.
  4. Nov 02 2020
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  5. Oct 14 2020
    DISTRIBUTED for Conference of 10/30/2020.
  6. Oct 08 2020
    Waiver of Jeffrey J. Tinley of right to respond not accepted for filing. (October 13, 2020)
  7. Oct 08 2020
    Waiver of right of respondents Jeffrey J. Tinley, et al. to respond filed.
  8. Oct 01 2020
    Waiver of right of respondent Honorable Judges Douglas Lavine, Eliot Prescott, Nina Elgo & Chief Justice Richard Robinson to respond filed.
  9. Sep 04 2020
    Petition for a writ of certiorari filed. (Response due October 13, 2020)