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Jack Darrell Hearn, et al. v. Steven C. McCraw, in His Official Capacity as Director of the Texas Department of Public Safety, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50581 · judgment April 15, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 3% cert probability

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

Question presented

Under 42 U.S.C. §1983, and the Continuing Violations Doctrine, Does a “Separate Accrual Rule,” or in Contrast a “Discovery of Injury Rule,” Apply to a Claim which Challenges Governmental Conduct that has Occurred Within a Limitations Period, after a Violation has Allegedly Occurred Previously Outside the Limitations Period, Pursuant to the Same Policy?

Counsel of record

For petitioner
Wm. T. Habern
The Habern Law Firm

For respondent
Judd Edward Stone II
Texas Attorney General's Office

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 09 2021
    Reply of petitioners Jack Darrell Hearn, et al. filed.
  4. Dec 03 2021
    Brief of respondents Steven McCraw, et al. in opposition filed.
  5. Oct 26 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2021.
  6. Oct 22 2021
    Motion to extend the time to file a response from November 3, 2021 to December 3, 2021, submitted to The Clerk.
  7. Sep 20 2021
    Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
  8. Sep 17 2021
    Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
  9. Sep 02 2021
    Response Requested. (Due October 4, 2021)
  10. Aug 11 2021
    DISTRIBUTED for Conference of 9/27/2021.
  11. Aug 04 2021
    Waiver of right of respondent Steven McCraw, et al. to respond filed.
  12. Jul 27 2021
    Petition for a writ of certiorari filed. (Response due August 30, 2021)