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Melissa Ing v. Tufts University

Paid petition · United States Court of Appeals for the First Circuit, No. 23-1030 · judgment August 29, 2023


Certiorari denied · May 13, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Petitioner Dr. Melissa Ing is a highly talented dental educational leader, researcher, and author. She was denied promotion to full professor because she reported sexual harassment of an accused serial sexual harasser. Respondent Tufts University claims Petitioner was unworthy and that retaliation and discrimination played no roles in Respondent’s decision, but this position ignores demonstrably false information and critical evidence. The imposition of a protective order violated 20 U.S.C. § 1681-1688 Title IX law due to mandatory requirements to report unlawful sexual harassment, retaliation and discrimination. The lower court excluded critically important evidence which caused the courts to rule against Petitioner unjustly. The Questions Presented Are:

  1. Whether the lower court rehed on demonstrably false information, submitted by Tufts University to reject Dr. Melissa Ing’s retaliation and gender dis­ crimination claims, subsequent to sexual harassment and patient safety whistleblowing reporting. (18 U.S.C. § 1001 and 18 U.S.C. § 1621)

  2. Whether the lower court failed to utilize critical evidence demonstrating that Dr. Ing pled retaliation and disparate treatment subsequent to sexual harass­ ment and patient safety whistleblowing reporting.

  3. Whether the lower court improperly applied the laws 42 U.S.C. § 2000e, 20 U.S.C. § 1681 and M.G.L. Ch. 151B.

Counsel of record

For petitioner
Melissa Ing

For respondent
Jeremy Michael Sternberg
Holland & Knight LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 merits
(1 supporting pet./neither)

Linked docket
23M76, 23A466

Proceedings

  1. May 13 2024
    Petition DENIED.
  2. May 08 2024
    Brief amicus curiae of Coalition Against Academic Abuse filed.
  3. Apr 23 2024
    DISTRIBUTED for Conference of 5/9/2024.
  4. Apr 17 2024
    Waiver of right of respondent Tufts University to respond filed.
  5. Apr 15 2024
    Motion (23M76) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  6. Mar 20 2024
    MOTION (23M76) DISTRIBUTED for Conference of 4/12/2024.
  7. Feb 16 2024
    Motion (23M76) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  8. Feb 16 2024
    Petition for a writ of certiorari filed. (Response due May 15, 2024)
  9. Nov 27 2023
    Application (23A466) granted by Justice Jackson extending the time to file until February 16, 2024.
  10. Nov 06 2023
    Application (23A466) to extend the time to file a petition for a writ of certiorari from December 18, 2023 to February 16, 2024, submitted to Justice Jackson.