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Daniel Garza v. City of Los Angeles, California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-55952 · judgment July 26, 2021


Certiorari denied · March 28, 2022
Pre-decision estimate: 7% cert probability (95% interval 5%–9%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Questions presented

  1. May a municipality be held liable for ratification, under Monell v. Department of Social Services, when the final policy maker has constructive notice of a subordinate’s unconstitutional conduct, deliberately takes no action, and affirms the conduct?

  2. Can a jury be deprived of directly relevant evidence of ratification in the form of a letter, with the Chief of Police’s letterhead, affirming the unconstitutional conduct as “justified, lawful, and proper”?

Counsel of record

For petitioner
Paul Lindsey Hoffman
Schonbrun Seplow Harris Hoffman & Zeldes, LL P

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 28 2022
    Petition DENIED.
  2. Mar 09 2022
    DISTRIBUTED for Conference of 3/25/2022.
  3. Dec 06 2021
    Petition for a writ of certiorari filed. (Response due February 22, 2022)