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Joe Carollo v. William O. Fuller, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-11746 · judgment February 4, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Eleventh Circuit Court of Appeals’ narrow application of the legislative immunity doctrine to a municipal elected official departs from and conflicts with this Court’s definition of legislative immunity outlined in this Court’s precedents, including Mitchell v. Forsyth, 472 U.S. 511 (1985), as encompassing authorized conduct furthering the legislative duties of an elected official. Whether the Eleventh Circuit Court of Appeals erred in rejecting the application of qualified immunity to a municipal elected official whose conduct encompassed policy-making fact-finding inquiries that are entirely consistent with a municipal official’s exercise of discretionary functions described by this Court’s precedents, including Scott v. Harris, 550 U.S. 372 (2007).

Counsel of record

For petitioner
Benedict P. Kuehne
Kuehne Davis Law, P.A.

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 17 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jun 29 2022
    Petition for a writ of certiorari filed. (Response due August 1, 2022)