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Guangcun Huang v. Tim Hui-Ming Huang, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50445 · judgment February 10, 2021


Certiorari denied · November 8, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether this Court’s decisions interpreting the Eleventh Amendment, see e.g. Fitzpatrick v. Bitzer; Port Authority Trans-Hudson Corp. v. Feeney, bar Title VII and other claims against UTHSCSA even when UTHSCSA explicitly and voluntarily invoked federal jurisdiction before being served

  2. Whether Petitioner had provided sufficient factual pleadings of Title VII claim when he met all Fifth Circuit’s requests to do so

  3. Whether this Court’s decisions interpreting the Eleventh Amendment, see e.g. Edelman v. Jordan; Ex parte Young, bar actions against state officials

  4. Whether this Court’s decisions interpreting the First Amendment, see e.g. American Communications Assn. v. Douds; Citizens United v. Fed. Election Comm’n; Kingsley Books, Inc. u. Brown,; Jones u. Opelika,; Tory v. Cochran, bar UTHSCSA from selectively subjecting academic scientist Petitioner to thought-probing in academic setting

  5. Whether this Court’s decisions interpreting the First Amendment, see e.g. Pickering v. Board of Education, 391 U. S. 563, 574 (1968); Connick u. Myers, 461 U.S. 138, 146 (1983); Garcetti v. Cehallos, 547 US 410, 425, 438 (2006), protect an academic employee’s speech, outside of performing his official duties, on research misconduct over an external event in international research community

  6. Whether Petitioner has standing to obtain declaratory and injunctive relief when suffering ongoing violation of federal law and request damages and equity relief

Counsel of record

For petitioner
Guangcun Huang

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 08 2021
    Petition DENIED.
  2. Oct 20 2021
    DISTRIBUTED for Conference of 11/5/2021.
  3. Sep 09 2021
    Blanket Consent filed by Petitioner, Guangcun Huang
  4. Aug 23 2021
    Petition for a writ of certiorari filed. (Response due October 8, 2021)