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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, 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

  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)