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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
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
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:
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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?
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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)?
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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
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 22, 2021 · Certiorari denied
Proceedings
- Feb 22 2021Petition DENIED.
- Jan 13 2021DISTRIBUTED for Conference of 2/19/2021.
- Dec 04 2020Waiver of right of respondent Annalisa Ball to respond filed.
- Dec 03 2020Waiver of right of respondent City of Beaverton and Jeffrey Warner to respond filed.
- Nov 19 2020Petition for a writ of certiorari filed. (Response due December 28, 2020)