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County of Orange, California, et al. v. Kathy Craig, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-55324, 19-56188 · judgment August 18, 2021


Certiorari denied · December 12, 2022
Pre-decision estimate: 11% cert probability (95% interval 7%–16%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Under controlling Supreme Court authority, must a federal court apply a state law prohibition on “loss of life” damages in survival claims pursued via 42 U.S.C. § 1983, or is a state limitation on abstract, speculative damages of this type inconsistent with the purposes of Section 1983?

Counsel of record

For petitioner
Shelton Franklin Harrell
Lynberg & Watkins

For respondent
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection

Case

Conference history
Distributed for 2 conferences

Linked docket
21A848

Proceedings

  1. Dec 12 2022
    Petition DENIED.
  2. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  3. Nov 17 2022
    Reply of petitioners County of Orange, California, et al. filed.
  4. Nov 04 2022
    Brief of respondents Kathy Craig, et al. in opposition filed.
  5. Oct 05 2022
    Response Requested. (Due November 4, 2022)
  6. Sep 28 2022
    DISTRIBUTED for Conference of 10/14/2022.
  7. Sep 22 2022
    Waiver of right of respondent Kathy Craig, et al. to respond filed.
  8. Aug 26 2022
    Petition for a writ of certiorari filed. (Response due September 29, 2022)
  9. Jun 23 2022
    Application (21A848) granted by Justice Kagan extending the time to file until August 26, 2022.
  10. Jun 17 2022
    Application (21A848) to extend the time to file a petition for a writ of certiorari from June 28, 2022 to August 26, 2022, submitted to Justice Kagan.