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Sohail N. Butt v. John Brigham Zimmerman, Individually and in His Official Capacity as Executive Director, Georgia Composite Board for Professional Counselors, Social Workers, and Marriage and Family Therapists, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-14187 · judgment October 6, 2022


Certiorari denied · March 27, 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

Petitioner Sohail N. Butt sought license to practice mental health counseling in the State of Georgia in 2014. Respondents at their board meeting evaluated, voted and unanimously agreed to grant Mr. Butt his license. The license never materialized. Respondents violated Mr. Butt’s constitutional right to equal protection before law and to due process of law with consequent denial of his constitutional right to pursue a calling of his choosing and the property right to earn a living contrary to U.S. Const., 14th Amend., Sec. 1. For almost nine years, Mr. Butt petitioned and appealed to every branch of state government seeking remedy. The State of Georgia has repeatedly “shut him down” and “tried to bury it”. Now Respondents rely on Wilson v. Garcia, 471 U.S. 261 (1985) to claim the affirmative defense of statute of limitations to avoid liability under federal law. Exceptional circumstances are presented to this Court. The Licensing Board did wrong but claimed sovereign immunity. Legal practitioners agreed, but in 2015 this Court stated otherwise. N.C. State Bd. of Dental Exam'rs v. FTC, 574 U.S. 494, 504 (2015). The Licensing Board did not enjoy sovereign immunity due to absence of supervision. In 2016 Georgia brought in law to comply with the ruling but offered no remedy and left a legal void. The question presented is: Petitioner is asking this court to waive the statute of limitations due to unique and exceptional circumstances. A just and equitable remedy is sought upholding the spirit and principles of laws. Justice

Counsel of record

For petitioner
Sohail N. Butt

For respondent
Stephen John Petrany
Georgia Department of Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 27 2023
    Petition DENIED.
  2. Mar 08 2023
    DISTRIBUTED for Conference of 3/24/2023.
  3. Mar 07 2023
    Waiver of right of respondent John Zimmerman, et al. to respond filed.
  4. Jan 03 2023
    Petition for a writ of certiorari filed. (Response due March 31, 2023)