Supreme Court Report

Supreme Court of the United States · Official docket →

Binyamin I. Efreom, et al. v. Daniel McKee, Governor of Rhode Island, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 21-1382 · judgment August 18, 2022


Certiorari denied · January 9, 2023
At-filing estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a First Circuit decision below, a petition citing three to ten dissents, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

The Petitioners brought their § 1983 suit due to the deprivation of their COLA1 benefits relative to their state and municipal pensions which ensued under the 2015 Rhode Island State and Municipal Pension Reform legislation. The Petitioners had previously sued in a State lawsuit challenging the enactment of the 2012 state and municipal employee pensions reforms. That litigation resulted in a proposed settlement agreement, which both the federal District and Circuit Court acknowledge petitioners did not agree with. Petitioners were assured they would not be forced to agree to the Settlement Agreement and could as other groups did, continue with their litigation. A class action was filed by agreement of the Respondents and other pensioner groups, not Petitioners, where in the Rhode Island Superior Court irrespective of these assurances, the Superior Court subsumed the Petitioners into a binding class depriving them of their rights in derogation of the due process clause. The First Circuit viewed the foregoing factors as nothing more than unsatisfied state court litigants seeking to litigate the State Judgement in Federal Court holding the same barred by the Rooker-Feldman Doctrine. 1.) Whether Petitioners’ procedural due process right and rights to sue for a taking without just compensation under the Fifth and Fourteenth Amendments of the United States Constitution and contract 1 Petitioners will refer to their cost of living adjustment to their pension as “COLA.”

Counsel of record

For petitioner
George Joseph West
George J. West & Associates

For respondent
Nicole J. Benjamin
Adler Pollock & Sheehan P.C.

Case

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

Conference history
Distributed for 1 conference

Order
Order list, January 9, 2023 · Certiorari denied

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 07 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 02 2022
    Waiver of right of respondent Employees' Retirement System of Rhode Island, by and through Frank Karpinski, its Executive Director to respond filed.
  4. Dec 02 2022
    Waiver of right of respondents Daniel J. McKee, in his capacity as Governor of the State of Rhode Island and Seth Magaziner, in his capacity as Chairperson of the Retirement Board to respond filed.
  5. Nov 16 2022
    Petition for a writ of certiorari filed. (Response due December 19, 2022)