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Peter Beasley v. Society of Information Management, Dallas Area Chapter, et al.

Paid petition · Court of Appeals of Texas, Fifth District, No. 05-19-00607-CV · judgment August 28, 2020


Certiorari denied · February 28, 2022
Pre-decision estimate: 0% cert probability

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

Question presented

Beasley, the first Black director of the prestigious, historically, predominately White male Dallas, Texas nonprofit, “The Society for Information Management” (“SIM”), sued including federal Due Process claims to be reinstated from his public expulsion from its board of directors. SIM indicated it did not want to be in a lawsuit with a director, but a White SIM member who hap­ pened to be an attorney along with insurance-backed lawyers counter-sued Beasley in SIM’s name, without the board authorizing them to do so, to orchestrate a dismissal of Beasley’s lawsuit. The Question Presented Is: Whether Texas courts may discriminate against Black people in violation of Due Process and Equal Protection guarantees of the Fourteenth Amendment through an unconstitutional, specious use of the Vexatious Litigant Statute, where prima facie evidence shows Black people are declared vexatious and their lawsuits were dismissed at a 73% rate more frequent than White people who are found to be vexatious and their lawsuits dismissed over the same 53 month review period.

Counsel of record

For petitioner
Peter Beasley

For respondent
Stacy R. Obenhaus
Foley & Lardner LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 28 2022
    Petition DENIED.
  2. Feb 09 2022
    DISTRIBUTED for Conference of 2/25/2022.
  3. Jan 11 2022
    Waiver of right of respondents Society of Information Management, Dallas Area Chapter to respond filed.
  4. Oct 18 2021
    Petition for a writ of certiorari filed. (Response due January 26, 2022)