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Peter George Noe v. Berkley, Dr., et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-1025 · judgment December 22, 2023


Certiorari denied · May 20, 2024
Pre-decision estimate: 10% cert probability (95% interval 6%–15%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Question presented

Whether a cause of action can be maintained under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), in circumstances not meaningfully different from that of the claim for deliberate indifference to serious medical needs recognized in Carlson v. Green, 446 U.S. 14 (1980). (i)

Counsel of record

For petitioner
Joshua Morgan Wesneski
Weil, Gotshal & Manges LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. May 20 2024
    Petition DENIED.
  2. Apr 30 2024
    DISTRIBUTED for Conference of 5/16/2024.
  3. Apr 22 2024
    Brief amicus curiae of Dr. Anne S. Douds filed.
  4. Apr 18 2024
    Waiver of right of respondent United States to respond filed.
  5. Mar 19 2024
    Petition for a writ of certiorari filed. (Response due April 22, 2024)