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Brett Emmett Lloyd v. John Gerhard, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35312 · judgment April 21, 2020

Certiorari denied · February 22, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

Within the State of Oregon, to effectively state a malicious prosecution claim, under 42 U.S.C. § 1983, a plaintiff must establish State law elements of malicious proseucution and show that defendants, while acting under “color of law” intended to deprive the plaintiff of a constitutional right. See Carey v. Piphus, 435 U.S. 247, 257-58, 98 S.Ct 1042 (1978). The questions presented are:

  1. Was Petitioner unfairly denied redress for a malicious prosecution when the District Court of Oregon granted Defendants’ Motion to Dismiss for a failure to meet the “favorable termination’ requirement?

  2. Was Defendant, Deputy District Attorney, John Gerhard, obligated to respond to Petitioner's lawfully served summons, under Fed. R. Civ. P. 12(a)(1)(A)?

  3. Do anti-SLAPP laws offer First Amendment protections to Defendant Annalisa Ball for her filing of a known false police report?

Counsel of record

For petitioner
Brett Emmett Lloyd

For respondent
Janet M. Schroer
Hart Wagner LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 13 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Dec 04 2020
    Waiver of right of respondent Annalisa Ball to respond filed.
  4. Dec 03 2020
    Waiver of right of respondent City of Beaverton and Jeffrey Warner to respond filed.
  5. Nov 19 2020
    Petition for a writ of certiorari filed. (Response due December 28, 2020)