Supreme Court Report

Supreme Court of the United States · Official docket →

Lan Tu Trinh v. David Fineman

Paid petition · United States Court of Appeals for the Third Circuit, No. 20-1727 · judgment August 16, 2021


Certiorari denied · March 21, 2022
Pre-decision estimate: 1% cert probability

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

Questions presented

Petitioner filed a pro se § 1983 action in the district court against a receiver who had been appointed in a state court case in which Petitioner was a party. The district court granted the receiver's 12(b)(6) motion to dismiss, finding that the receiver was entitled to absolute, quasi-judicial immunity. In affirming the district court's dismissal order, the Third Circuit relied on a transcript of a state court hearing that the district court never considered because the transcript was never part of the district court record. In addition, the Third Circuit relied on a state court opinion that was not attached as an exhibit to Petitioner's complaint, and was instead attached as an exhibit to the receiver's motion to dismiss. Based on these two documents from the state-court proceedings, the Third Circuit concluded that the receiver was acting at the court's behest at all relevant times, and that as a result, the receiver was entitled to the same absolute immunity afforded to judges.

  1. Did the district court err by granting the receiver's motion to dismiss on immunity grounds under Rule 12(b)(6)?

  2. Did the Third Circuit err by basing its affirmance on documents that were not attached to Petitioner's complaint?

  3. Was the receiver entitled to the same absolute immunity afforded to judges?

Counsel of record

For petitioner
Michael March Brownlee
The Brownlee Law Firm, P.A.

For respondent
Andrew Alan Chirls
Fineman Krekstein & Harris, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Feb 08 2022
    Brief of respondent David Fineman in opposition filed.
  4. Dec 22 2021
    Petition for a writ of certiorari filed. (Response due February 9, 2022)