Supreme Court of the United States · Official docket →
Dennis O'Connor v. Rachel Eubanks, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1780 · judgment October 6, 2023
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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Whether a state’s constitutional obligation to pay just compensation when taking property waives its sovereign immunity from a claim seeking damages for an unconstitutional taking?
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Whether a property owner may sue a state official in their personal capacity under 42 U.S.C. § 1983 for a violation of the Takings Clause, as the First Circuit holds, or whether such a personal capacity suit is categorically “barred,” as the Sixth Circuit holds?
Counsel of record
For petitioner
J. David Breemer
Pacific Legal Foundation
For respondent
Ann Maurine Sherman
Michigan Department of Attorney General
Proceedings
- Oct 15 2024Petition DENIED.
- Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 27 2024Rescheduled.
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 15 2024Reply of petitioner Dennis O'Connor filed.
- Jun 28 2024Brief of respondents Rachael Eubanks, et al. in opposition filed.
- May 30 2024Brief amicus curiae of Institute for Justice filed.
- May 29 2024Brief amicus curiae of Ohio Farm Bureau Federation filed.
- May 13 2024Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2024, for all respondents.
- May 09 2024Motion to extend the time to file a response from May 30, 2024 to June 28, 2024, submitted to The Clerk.
- Apr 26 2024Petition for a writ of certiorari filed. (Response due May 30, 2024)
- Mar 08 2024Application (23A822) granted by Justice Kavanaugh extending the time to file until April 29, 2024.
- Mar 04 2024Application (23A822) to extend the time to file a petition for a writ of certiorari from March 18, 2024 to April 29, 2024, submitted to Justice Kavanaugh.