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Jane Doe v. Timothy White, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-15450 · judgment June 1, 2021


Certiorari denied · March 28, 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

When State actors threaten to deprive individuals of liberty or property, the Fourteenth Amendment requires procedural protections that comport with minimum standards of fairness. In Goss v. Lopez, 419 U.S. 565, 573-76 (1975), this Court held that high school students had been unconstitutionally deprived of their Fourteenth Amendment liberty and property interests when they were suspended without notice and an opportunity to be heard. The questions presented are:

  1. Whether students at public colleges and universities have, as a matter of right, liberty and property interests when facing suspension or expulsion, or whether they must make a particular showing to establish such interests.

  2. Whether, given this Court’s decades’-old decision in Goss, the law was clearly established at the time of the events giving rise to this case such that Respondents are not protected by qualified immunity.

Counsel of record

For petitioner
Allison L. Ehlert
Ehlert Hicks LLP

For respondent
Ryan Paul McGinley-Stempel
Renne Public Law Group

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Mar 28 2022
    Petition DENIED.
  2. Mar 09 2022
    DISTRIBUTED for Conference of 3/25/2022.
  3. Mar 04 2022
  4. Feb 18 2022
    Brief amicus curiae of New Civil Liberties Alliance filed.
  5. Feb 18 2022
    Brief of respondents Timothy White, et al. in opposition filed.
  6. Jan 19 2022
    Response Requested. (Due February 18, 2022)
  7. Jan 12 2022
    DISTRIBUTED for Conference of 2/18/2022.
  8. Jan 07 2022
    Waiver of right of respondent Timothy White, et al. to respond filed.
  9. Dec 06 2021
    Petition for a writ of certiorari filed. (Response due January 10, 2022)