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James Doe v. Gladys Pisani, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-2847 · judgment June 29, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Second Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Whether the Court of Appeals erred in concluding that “arguable probable cause” can support a claim for qualified immunity on summary judgment after the District Court denied an interlocutory appeal because there were disputed issues of material fact requiring a jury trial. Whether a Court of Appeals should be required to evaluate factual findings in interlocutory appeals denying summary judgment based qualified immunity under the abuse of discretion standards, rather than a de novo standard.

Counsel of record

For petitioner
Norman A. Pattis
Pattis & Smith, LLC

For respondent
Thomas R. Gerarde
Howd & Ludorf, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 20 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 06 2023
    Brief of respondents Gladys Pisani, et al. in opposition filed.
  4. Oct 11 2023
    Motion to extend the time to file a response is granted in part and the time is extended to and including December 6, 2023.
  5. Oct 09 2023
    Motion to extend the time to file a response from October 30, 2023 to December 13, 2023, submitted to The Clerk.
  6. Sep 26 2023
    Petition for a writ of certiorari filed. (Response due October 30, 2023)