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Bronwyn Randel v. Rabun County School District

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-12760 · judgment April 22, 2022


Certiorari denied · February 27, 2023
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below, and down for a state or local-government respondent.

Question presented

The Due Process Clause provides that no person may be deprived of life, liberty or property without due process of law. Due process requires notice, an opportunity to be heard, and an unbiased decisionmaker. A hearing that meets due process standards must ordinarily be held prior to the deprivation. The question presented is: Does the existence of a state post-deprivation process preclude a procedural due process claim (a) only where a pre-deprivation process that satisfied constitutional standards would be impracticable, such as because the deprivation was a random or unauthorized act of an errant state official (the rule in ten circuits and under decisions of the highest courts in eight states), or (b) in any case in which, even though compliance with constitutional standards in a pre-deprivation process was practicable, the state postdeprivation process provides some form of remedy for the constitutional deficiency of the pre-deprivation process (the longstanding rule in the Eleventh Circuit)?

Counsel of record

For petitioner
Eric Schnapper
Univ. of Washington School of Law

For respondent
Brian C. Smith
Pereira, Kirby, Kinsinger, & Nguyen, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
22A217

Proceedings

  1. Feb 27 2023
    Petition DENIED.
  2. Feb 08 2023
    DISTRIBUTED for Conference of 2/24/2023.
  3. Feb 06 2023
    Reply of petitioner Bronwyn Randel filed. (Distributed)
  4. Jan 24 2023
    Brief of respondent Rabun County School District in opposition filed.
  5. Nov 16 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 24, 2023.
  6. Nov 11 2022
    Motion to extend the time to file a response from November 25, 2022 to January 24, 2023, submitted to The Clerk.
  7. Oct 21 2022
    Petition for a writ of certiorari filed. (Response due November 25, 2022)
  8. Sep 14 2022
    Application (22A217) granted by Justice Thomas extending the time to file until October 21, 2022.
  9. Aug 09 2022
    Application (22A217) to extend the time to file a petition for a writ of certiorari from September 21, 2022 to November 20, 2022, submitted to Justice Thomas.