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David Schaszberger, et al. v. American Federation of State, County and Municipal Employees, Council 13

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-2172 · judgment July 20, 2022


Certiorari denied · November 14, 2022
Pre-decision estimate: 12% cert probability (95% interval 7%–19%)

Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Third Circuit decision below, and a petition citing three to ten dissents.

Question presented

Is there a “good faith” defense under 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rights if the defendant acted under color of a state law before this Court held the law was unconstitutional?

Counsel of record

For petitioner
Brian Kirk Kelsey
Liberty Justice Center

For respondent
Jacob Raffel Karabell
Bredhoff & Kaiser, P.L.L.C.

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 25 2022
    DISTRIBUTED for Conference of 11/10/2022.
  3. Oct 21 2022
    Waiver of right of respondent AFSCME Council 13 to respond filed.
  4. Oct 18 2022
    Petition for a writ of certiorari filed. (Response due November 21, 2022)