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Donald Shooter v. Arizona, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-16248 · judgment July 22, 2021


Certiorari denied · January 24, 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 counsel who has filed here before.

Questions presented

  1. Does this case present an important question not previously decided by the Supreme Court in which an elected member of the Arizona Legislature engaged in exposing corruption by the Executive Branch was ambushed with a sexual harrassment allegation and summarily expelled without due process of law and having no private state constitutional cause of action, based upon a third party report edited illegitimately and deceptively by the proponent of expulsion to remove exculpatory material to the elected representative and containing false statements, instead of having a public Committee hearing involving, inter alia, opening statements, presentation of documents, examination and cross-examination of witnesses and confrontation of accusers?

  2. Does the Ninth Circuit’s qualified immunity decision in this case, which relied upon cases involving police law enforcement, that a constitutional right is not “clearly established” for a damages action under 42 U.S.C. §1983 where there is an absence of a specific case on the facts of this case conflict with this Court’s decision in Hope v. Pelzer, 536 U.S. 730, 740-741 (2002), that in determining whether there was “reasonable warning that the conduct then at issue violated constitutional rights,” “general statements of the law are not inherently incapable of giving fair and clear warning” and “a general constitutional rule already

Counsel of record

For petitioner
Philip A. Byler
Nesenoff & Miltenberg LLP

For respondent
Betsy Jean Lamm
Cohen Dowd Quigley P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 24 2022
    Petition DENIED.
  2. Jan 05 2022
    DISTRIBUTED for Conference of 1/21/2022.
  3. Dec 22 2021
    Brief of respondents Kirk Adams, et al. in opposition filed.
  4. Nov 16 2021
    Motion to extend the time to file a response is granted and the time is extended to and including December 27, 2021, for all respondents. See Rule 30.1
  5. Nov 09 2021
    Motion to extend the time to file a response is granted and the time is extended to and including December 27, 2021, for all respondents. See Rule 30.1
  6. Nov 08 2021
    Motion to extend the time to file a response from November 26, 2021 to December 24, 2021, submitted to The Clerk.
  7. Nov 04 2021
    Motion to extend the time to file a response from November 26, 2021 to December 24, 2021, submitted to The Clerk.
  8. Oct 19 2021
    Petition for a writ of certiorari filed. (Response due November 26, 2021)