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Michael Billioni v. Bruce Bryant, Sheriff, York County, South Carolina, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1420 · judgment May 25, 2021


Certiorari denied · March 7, 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.

Questions presented

  1. Whether a public employee’s speech about serious law enforcement misconduct involving an in-custody death has limited weight in the Pickering First Amendment balancing analysis because the employee spoke out while an internal investigation was allegedly ongoing and did not first submit concerns through the chain of command.

  2. Whether a public employees' speech about serious law enforcement misconduct has limited weight in the Pickering First Amendment balancing analysis because the employee viewed the misconduct on the surveillance video and did not personally witness the misconduct.

Counsel of record

For petitioner
Marybeth Mullaney
Mullaney Law

For respondent
Christopher Wofford Johnson
Gignilliat, Savitz & Bettis, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 07 2022
    Petition DENIED.
  2. Feb 16 2022
    DISTRIBUTED for Conference of 3/4/2022.
  3. Jan 28 2022
    Brief of respondents Bruce Bryant, Sheriff, York County, South Carolina, et al. in opposition filed.
  4. Dec 16 2021
    Motion to extend the time to file a response is granted and the time is extended to and including January 31, 2022.
  5. Dec 14 2021
    Motion to extend the time to file a response from December 30, 2021 to January 31, 2022, submitted to The Clerk.
  6. Nov 22 2021
    Petition for a writ of certiorari filed. (Response due December 30, 2021)