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Sok Kong, Trustee for Next of Kin of Map Kong, Decedent v. City of Burnsville, Minnesota, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-1101 · judgment May 29, 2020
Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eighth Circuit decision below, and down for a state or local-government respondent.
Question presented
When a district court denies a government official’s motion for summary judgment based on qualified immunity, the official often notices an interlocutory appeal. In such a case, the court of appeals generally has jurisdiction over legal questions only, and lacks jurisdiction to review a determination by the district court that “the pretrial record sets forth a ‘genuine’ issue of fact for trial.” Johnson v. Jones, 515 U.S. 304, 319-20 (1995). That rule comes with an exception: if the district court’s determination of a genuine issue of material fact is “blatantly contradicted by the record,” the appellate court need not accept it. Scott v. Harris, 550 U.S. 372, 380 (2007). In this case, the Eighth Circuit rejected a district court’s determination of a genuine issues of material fact without considering whether the record blatantly contradicted that determination. In doing so, the Eighth Circuit followed a rule adopted by the Eleventh Circuit but rejected by seven other circuits. The question presented is: Whether, on interlocutory review of a denial of qualified immunity, an appellate court may reject a district court’s determination of a genuine issue of material fact even if the record does not blatantly contradict that determination. (i)
Counsel of record
For petitioner
David Michael Shapiro
Roderick & Solange MacArthur Justice Center
For respondent
Joseph E. Flynn
Jardine, Logan, et al.
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 21 2021Motion for leave to file amicus brief filed by The National Police Accountability Project GRANTED.
- Jun 21 2021Motion for leave to file amicus brief filed by Bryan Lammon GRANTED.
- Jun 21 2021Petition DENIED.
- Jun 01 2021DISTRIBUTED for Conference of 6/17/2021.
- May 28 2021Reply of petitioner Sok Kong, Trustee for Next-of-Kin of Map Kong, Decedent filed. (Distributed)
- Apr 27 2021Motion to delay distribution of the petition for a writ certiorari until June 1, 2021 granted.
- Apr 23 2021Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 4, 2021 to June 1, 2021, submitted to The Clerk.
- Apr 16 2021Brief of respondents City of Burnsville, et al. in opposition filed.
- Mar 18 2021Motion for leave to file amicus brief filed by The National Police Accountability Project.
- Feb 19 2021Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2021.
- Feb 18 2021Motion to extend the time to file a response from March 18, 2021 to April 19, 2021, submitted to The Clerk.
- Feb 16 2021Response Requested. (Due March 18, 2021)
- Feb 03 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 20 2021Waiver of City of Burnsville, et al. of right to respond not accepted for filing. (January 26, 2021)
- Jan 20 2021Waiver of right of respondent City of Burnsville, et al. to respond filed.
- Jan 20 2021Motion for leave to file amicus brief filed by Bryan Lammon.
- Dec 22 2020Petition for a writ of certiorari filed. (Response due February 1, 2021)