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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: 8% cert probability (95% interval 5%–14%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, counsel with five or more prior petitions here, and a dissent in the court below (flagged in the petition).

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

Conference history
Distributed for 1 conference

Proceedings

Nov 14 2022
Petition DENIED.
Oct 25 2022
DISTRIBUTED for Conference of 11/10/2022.
Oct 21 2022
Waiver of right of respondent AFSCME Council 13 to respond filed.
Main Document
Oct 18 2022
Petition for a writ of certiorari filed. (Response due November 21, 2022)
Petition Appendix Certificate of Word Count Proof of Service