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Catherine Brennan v. Cass County Health, Human and Veteran Services, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1209 · judgment February 26, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and counsel who has filed here before, and down for a business respondent.

Questions presented

  1. Is Heck v. Humphrey precedent to require persons subject to civil commitment proceedings not related to a criminal proceeding to vacate the commitment order of a non-criminal patient prior to commencing a section 1983 action?

  2. Does due process require that “willful indifference” be proven when government officials and medical personnel involved in civil commitment proceedings inject a non-consenting person with psychotropic drugs in direct violation of a state statute?

Counsel of record

For petitioner
Wayne B. Holstad
Holstad & Knaak

For respondent
James R. Andreen
Erstad & Riemer, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 10 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jul 01 2024
    Waiver of right of respondents Cass County Health, Human and Veteran Services and Marsha McMillen, et al. to respond filed.
  4. Jun 03 2024
    Petition for a writ of certiorari filed. (Response due July 5, 2024)