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Jeffrey Wills Lusk, Individually and as Executor of the Estate of Dorothy Jean Ross Lusk, Deceased v. Alsata Salimatu Lamin, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-3360 · judgment December 12, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Should a conspiracy motivated by invidiously discrim inatory intent other than racial bias be actionable un der 42 U.S.C. § 1985(3), the possibility of which was left open in Griffin v. Breckenridge, 403 U.S. 88 (1971), given 42 U.S.C. § 1985(3) makes no reference to race? Should the invidious discriminatory intent of the con spirators be considered more vigorously, and the classbased aspect of the conspirators’ animus be deemphasized, when analyzing 42 U.S.C. § 1985(3) claims? Should a specific intent requirement replace the classbased animus requirement of 42 U.S.C. § 1985(3)? Should all federal courts be compelled to extend 42 U.S.C. § 1985(3) protections to disabled individuals, thereby, resolving the inconsistency, confusion, and in congruity lingering in the class-based aspect of the conspirators’ animus giving full effect to the Congres sional purpose of 42 U.S.C. § 1985(3) in line with 42 U.S.C. § 12101- ADA Amendments Act of2008 (ADAAA)? Does the U.S. Const, amend. XIV, § 5 authorize Con gress to reach purely private conduct? Since Griffin v. Breckenridge, 403 U.S. 88 (1971) should the constitutional basis of Congressional power to en act 42 U.S.C. § 1985(3) and to use it to reach private conspiracies be based on the U.S. Const, amend. XIV, §5? Hi< \ > ' 7 !
Counsel of record
For petitioner
Jeffrey Wills Lusk
For respondent
Jeffrey C. Sindelar Jr.
Tucker Ellis, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 03 2023Petition DENIED.
- Mar 15 2023DISTRIBUTED for Conference of 3/31/2023.
- Mar 02 2023Waiver of right of respondent Alsata Salimatu Lamin, et al. to respond filed.
- Feb 14 2023Petition for a writ of certiorari filed. (Response due March 20, 2023)