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Gwendolyn Carswell, Individually and as Dependent Administrator of and on Behalf of the Estate of Gary Valdez Lynch, III and Gary Valdez Lynch, III's Heirs at Law v. George A. Camp, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-10171 · judgment November 30, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 49% cert probability (95% interval 37%–61%)

Before the decision, about 11.9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Fifth Circuit decision below, and counsel with five or more prior petitions here.

Questions presented

  1. Whether a district court can defer ruling on qualified immunity at the motion-to-dismiss stage without triggering an immediate appeal.

  2. Whether a plaintiff is forbidden from seeking any discovery against an immunity-asserting defendant until that claim of immunity is resolved, even if the discovery is related to a claim against a separate defendant with no entitlement to qualified immunity. (i)

Counsel of record

For petitioner
Catherine Emily Stetson
Hogan Lovells US LLP

For respondent
Thomas Phillip Brandt
Fanning Harper Martinson Brandt & Kutchin, PC

Case

Conference history
Distributed for 2 conferences

Linked docket
22A706

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 12 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jul 12 2023
    Reply of petitioners Gwendolyn Carswell, individually and as dependent administrator of and on behalf of the estate of Gary Valdez Lynch III and Gary Valdez Lynch III’s heirs at law filed. (Distributed)
  4. Jun 23 2023
    Brief of respondents George Camp, et al. in opposition filed.
  5. May 09 2023
    Motion to extend the time to file a response is granted and the time is extended to and including June 26, 2023.
  6. May 08 2023
    Motion to extend the time to file a response from May 25, 2023 to June 26, 2023, submitted to The Clerk.
  7. Apr 25 2023
    Response Requested. (Due May 25, 2023)
  8. Apr 19 2023
    DISTRIBUTED for Conference of 5/11/2023.
  9. Apr 14 2023
    Waiver of right of respondent George Camp, et al. to respond filed.
  10. Mar 30 2023
    Petition for a writ of certiorari filed. (Response due May 3, 2023)
  11. Feb 07 2023
    Application (22A706) granted by Justice Alito extending the time to file until March 30, 2023.
  12. Feb 02 2023
    Application (22A706) to extend the time to file a petition for a writ of certiorari from February 28, 2023 to April 29, 2023, submitted to Justice Alito.