Supreme Court of the United States · Official docket →
DeRay Mckesson v. John Doe
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30864 · judgment June 16, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before, and down for a petition filed soon after the judgment below.
Question presented
Do the First Amendment and this Court’s decision in NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982), foreclose a state law negligence action making a leader of a protest demonstration personally liable in damages for injuries inflicted by an unidentified person’s violent act, when it is undisputed that the leader neither authorized, directed, nor ratified the perpetrator’s act, nor engaged in or intended violence of any kind?
Counsel of record
For petitioner
David Thomas Goldberg
Donahue & Goldberg, LLP
For respondent
Donna Unkel Grodner
Grodner & Associates
Argument & decision
Decided April 15, 2024.
Proceedings
- Apr 15 2024Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
- Apr 08 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 25 2024DISTRIBUTED for Conference of 3/28/2024.
- Mar 18 2024DISTRIBUTED for Conference of 3/22/2024.
- Mar 11 2024DISTRIBUTED for Conference of 3/15/2024.
- Feb 26 2024DISTRIBUTED for Conference of 3/1/2024.
- Feb 20 2024DISTRIBUTED for Conference of 2/23/2024.
- Jan 22 2024Reply of petitioner DeRay Mckesson filed. (Distributed)
- Jan 17 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 03 2024Brief of respondent John Doe in opposition filed.
- Dec 15 2023Brief amicus curiae of The Rutherford Institute filed.
- Dec 04 2023Response Requested. (Due January 3, 2024)
- Nov 29 2023DISTRIBUTED for Conference of 1/5/2024.
- Nov 28 2023Waiver of right of respondent John Doe to respond filed.
- Nov 09 2023Brief amici curiae of Floyd Abrams, et al. filed.
- Nov 09 2023Brief amicus curiae of Thurgood Marshall Civil Rights Center filed.
- Nov 09 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- Nov 08 2023Brief amicus curiae of National Association for the Advancement of Colored People filed.
- Nov 07 2023Brief amicus curiae of First Amendment Scholar John D. Inazu filed.
- Oct 05 2023Petition for a writ of certiorari filed. (Response due November 9, 2023)
- Sep 06 2023Application (23A209) granted by Justice Alito extending the time to file until October 5, 2023.
- Aug 30 2023Application (23A209) to extend the time to file a petition for a writ of certiorari from September 14, 2023 to October 5, 2023, submitted to Justice Alito.