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Bradford Disney Lund v. David J. Cowan, Judge, Superior Court of California, Los Angeles County, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-55764 · judgment July 15, 2021


Certiorari denied · January 24, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly 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. Whether this Court should grant Certiorari to review the Ninth Circuit’s holdings that because of Judge Cowan’s judicial immunity, the doctrine of respondeat superior did not apply to Petitioner’s Title II ADA claim, even though that decision conflicts with the decisions of the Fourth, Sixth, and Eleventh Circuits, together with this court’s decision on judicial immunity in Pulliam v. Allen?

  2. Whether this court should grant Certiorari to review the Ninth Circuit’s refusal to decide that Petitioner should have been able to seek prospective declaratory relief against a sitting judge on his § 1983 Civil Rights claims even though nine of the thirteen circuits have all held that such relief is available?

Counsel of record

For petitioner
Sandra Lynn Slaton
Slaton Law Offices

For respondent
Matthew L. Green
Best Best & Krieger, LLP

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 08 2021
    Waiver of right of respondent David J. Cowan, et al. to respond filed.
  4. Nov 22 2021
    Petition for a writ of certiorari filed. (Response due December 29, 2021)