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Percy Utley v. City of Houston, Texas, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-20623 · judgment June 17, 2022


Certiorari denied · November 14, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before, and down for a state or local-government respondent.

Questions presented

  1. Whether the Fifth Circuit has so far departed from the accepted and usual application of the pleading standard as to require this Court’s correction.

  2. Whether the Fifth Circuit has created a new and unique requirement for civil rights plaintiffs to affirmatively prove a negative when the police merely claim the existence of probable cause, without more.

Counsel of record

For petitioner
Randall Lee Kallinen
Kallinen Law PLLC

For respondent
William Craft Hughes
City of Houston Legal Department

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 14, 2022 · Certiorari denied

Proceedings

  1. Nov 14 2022
    Petition DENIED.
  2. Oct 31 2022
    Supplemental brief of petitioner Percy Utley filed. (Distributed)
  3. Oct 25 2022
    DISTRIBUTED for Conference of 11/10/2022.
  4. Oct 21 2022
    Waiver of right of respondent City of Houston, Texas, et al. to respond filed.
  5. Oct 16 2022
    Petition for a writ of certiorari filed. (Response due November 18, 2022)