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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


Certiorari denied · April 3, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

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

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

Conference history
Distributed for 1 conference

Order
Order list, April 3, 2023 · Certiorari denied

Proceedings

  1. Apr 03 2023
    Petition DENIED.
  2. Mar 15 2023
    DISTRIBUTED for Conference of 3/31/2023.
  3. Mar 02 2023
    Waiver of right of respondent Alsata Salimatu Lamin, et al. to respond filed.
  4. Feb 14 2023
    Petition for a writ of certiorari filed. (Response due March 20, 2023)