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Kiernan Wholean, et al. v. CSEA SEIU Local 2001, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-1563 · judgment April 15, 2020

Certiorari denied · March 29, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

Is there a “good faith defense” to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rights if the defendant acted under color of a law before it was held unconstitutional?

Counsel of record

For petitioner
Milton L. Chappell
c/o National Right to Work Legal Defense Foundatio

For respondent
Clare E. Kindall
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 29 2021
    Petition DENIED.
  2. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  3. Mar 04 2021
    Reply of petitioners Kiernan Wholean, et al. filed.
  4. Feb 22 2021
    Brief of respondent CSEA SEIU Local 2001 in opposition filed.
  5. Feb 19 2021
    Brief of respondent Connecticut in opposition filed.
  6. Dec 31 2020
    Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2021, for all respondents.
  7. Dec 29 2020
    Motion to extend the time to file a response from January 22, 2021 to February 22, 2021, submitted to The Clerk.
  8. Dec 23 2020
    Response Requested. (Due January 22, 2021)
  9. Dec 16 2020
    DISTRIBUTED for Conference of 1/8/2021.
  10. Dec 02 2020
    Waiver of right of respondent CSEA SEIU Local 2001 to respond filed.
  11. Oct 30 2020
    Petition for a writ of certiorari filed. (Response due December 7, 2020)