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Samuel Edward Trapp v. John Gunn, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 21-3726 · judgment September 13, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Does the Rooker-Feldman doctrine foreclose a 42 U.S.C. § 1983 action in federal court against outsidethe-licensure-process. individual influencers of a state’s attorney licensing process when the individual influencers actions negatively affect application and/or create a prerequisite to eligibility for licensure outside of any published Rule for admission? Does the state Supreme Court’s judicial and administrative affirm ation of the actions, findings and decisions of these unauthorized individual influencers mean that the fines and findings of such third-party unsanctioned and unlawful independent processes are inextricably inter twined with the state court sua sponte order imposing a fine years later, as the district court held in this matter; or does inextricably intertwined not protect such third party influencers as the 11th Circuit determined inBehr v. Campbell, 8 F.4th 1206 (11th Cir. 2021); and as the 8th Circuit determined in Carter v. Ludwick, (8th Cir. 2021).
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Is it an impermissible delegation of authority from a state Supreme Court to a bar association, as this Court held in D.C. Court of Appeals v. Feldman, 460 U.S. 462 (1983), when the chief licensing authority in a state requires a potential bar applicant to ‘reimburse’ a bar fund in order to establish future eli gibility to submit an application to practice law, even though the applicant is otherwise eligible to submit an application under the relevant promulgated state Rules for licensure, the applicant has never been found to have violated any rule of conduct related to any such bar fund proceeding, and the bar fund has not properly been granted any state or constitutional authority to investigate attorney misconduct? Does Ex Parte Young,
Counsel of record
For petitioner
Samuel Edward Trapp
For respondent
Jeff Philip Johnson
Office of the Missouri Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 03 2023Petition DENIED.
- Mar 15 2023DISTRIBUTED for Conference of 3/31/2023.
- Mar 07 2023Waiver of right of respondents State of Missouri and Chief Justice Paul Wilson of the Missouri Supreme Court to respond filed.
- Mar 03 2023Waiver of right of respondents John Gunn; John Grimm; Lauren McCubbin; Thomas Bender; Mischa Epps; Julia Lasater; Christa Moss; Jason Paulsmeyer; John Doe I; and John Doe II to respond filed.
- Mar 03 2023Waiver of right of respondent Sam Phillips to respond filed.
- Jan 25 2023Petition for a writ of certiorari filed. (Response due March 30, 2023)