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Brent A. Ristow v. Douglas R. Peterson, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-3029 · judgment February 15, 2023


Certiorari denied · October 2, 2023
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

Whether state civil administrative agency staff, in prosecuting an application to their agency for a license, are acting in the character of the criminal prosecutor described by this court in lrnbler v. Pachtman, 424 US 409 (1976), or as civil administrators? Whether the Opinion of this court in Willner u. Committee on Character and Fitness, 373 U.S. 96 (1963) is effective to the extent that an applicant for a state law license has due process rights in the application? Whether the bad faith of the defendants can be so poisonous as to convert an expressly declared individual capacity action into an official capacity action? Whether absolute immunity is available as a defense in an individual capacity action, for the bad faith acts of state civil administrative agency staff that cause the deprivation of a constitutional right, like those described by this court in its Opinion in Willner v. Committee on Character and Fitness, 373 U.S. 96 (1963), of an applicant to the agency?

Counsel of record

For petitioner
Brent Ristow

For respondent
Jennifer Olson

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Dec 11 2023
    Rehearing DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 08 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Oct 27 2023
  6. Oct 02 2023
    Petition DENIED.
  7. Aug 16 2023
    DISTRIBUTED for Conference of 9/26/2023.
  8. Jul 19 2023
    Waiver of right of respondents Douglas Peterson, Thomas Boyd, Juan Hoyos, et al. to respond filed.
  9. Jun 20 2023
    Petition for a writ of certiorari filed. (Response due July 28, 2023)