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Glow In One Mini Golf, L.L.C., et al. v. Tim Walz, Governor of Minnesota, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 21-2283 · judgment June 16, 2022


Certiorari denied · January 9, 2023
Pre-decision estimate: 8% cert probability (95% interval 4%–13%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Questions presented

  1. Whether Minnesota’s Governor has qualified immunity against Petitioners’ Fifth Amendment Takings Clause claims for ordering the shut-down of their businesses—but not other like businesses—and prohibiting ingress into those shut-down business properties based on the Governor’s declaration of a COVID19 pandemic emergency.

  2. Whether the Court should overrule Pearson v. Callahan, 555 U.S. 223 (2009), and reinstate the requirement in Saucier v. Katz, 533 U.S. 194 (2001), that lower courts examine whether a government official violated a constitutional right before proceeding to the question of whether the law governing that official’s conduct was “clearly established” at the time of the violation.

  3. Whether a government official sued in his or her individual capacity may be liable for takings under the Fifth Amendment.

  4. Whether Petitioners’ claims for declaratory and injunctive relief under the Fourteenth Amendment’s Equal Protection Clause are not moot because Minnesota’s Governor voluntarily ceased his shutdown orders, which conduct can later be resumed, after vigorously defending those orders throughout this case.

Counsel of record

For petitioner
James Vincent Francis Dickey
Upper Midwest Law Center

For respondent
Elizabeth Catherine Kramer
Office of the Minnesota Attorney General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 21 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 12 2022
    Brief amici curiae of Cato Institute, et al. filed.
  4. Nov 29 2022
    Waiver of right of respondents Governor Tim Walz, et al. to respond filed.
  5. Nov 07 2022
    Petition for a writ of certiorari filed. (Response due December 12, 2022)