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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: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

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

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, January 10, 2022 · Certiorari denied

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.
    Main DocumentProof of ServiceCertificate of Word Count
  4. Dec 03 2021
    Brief of respondents Steven McCraw, et al. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  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.
    Main Document
  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.
    Main Document
  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.
    Main Document
  12. Jul 27 2021
    Petition for a writ of certiorari filed. (Response due August 30, 2021)
    PetitionAppendixCertificate of Word CountProof of Service