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David W. Foley, et ux. v. Orange County, Florida, et al.

Paid petition · Supreme Court of Florida, No. SC21-199 · judgment February 11, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

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

Question presented

Is a state court free under the Fourteenth Amendment to deprive a plaintiff of a remedy in 42 USC §1983 by granting a public servant immunity from suit without identifying the statute, ordinance, regula­ tion, custom, or usage, the defendant must claim makes their action virtute officii and not merely colore officii ?

Counsel of record

For petitioner
David W. Foley Jr.

For respondent
Gail Cole Bradford
Dean Ringers Morgan & Lawton P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 20 2021
    Waiver of right of respondents Scott Richman, Joe Roberts, Marcus Robinson, Richard Crotty, Teresa Jacobs, Fred Brummer, Mildred Fernandez, Linda Stewart, Bill Segal and Tiffany Russell to respond filed.
  4. Aug 18 2021
    Waiver of right of respondent Phil Smith, et al. to respond filed.
  5. Aug 09 2021
    Waiver of right of respondent Orange County, Florida to respond filed.
  6. Jul 08 2021
    Petition for a writ of certiorari filed. (Response due August 23, 2021)