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Michael Boresky, in His Individual and Official Capacity as a Special Agent for the U.S. Secret Service v. Jeremy Graber
Paid petition · United States Court of Appeals for the Third Circuit, No. 21-1407 · judgment February 10, 2023
Certiorari denied · January 16, 2024
Pre-decision estimate: 20% cert probability (95% interval 14%–29%)
Before the decision, about 4.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a circuit split argued in the petition.
Question presented
Whether a district court decision fashioning a new implied cause of action under Bivens is immediately appealable. (i)
Counsel of record
For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP
For respondent
Paul Joseph Hetznecker
Paul J. Hetznecker, Esquire
Proceedings
- Jan 16 2024Petition DENIED.
- Dec 27 2023DISTRIBUTED for Conference of 1/12/2024.
- Dec 27 2023Reply of petitioner Michael Boresky filed. (Distributed)
- Dec 21 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Dec 20 2023Brief of respondent Jeremy Graber in opposition filed.
- Nov 27 2023Motion to extend the time to file a response is granted in part and the time is extended to and including December 20, 2023.
- Nov 21 2023Motion to extend the time to file a response from December 13, 2023 to February 12, 2024, submitted to The Clerk.
- Nov 21 2023Response to motion to extend the time to file a response from counsel for petitioner filed.
- Nov 13 2023Response Requested. (Due December 13, 2023)
- Nov 13 2023Brief amici curiae of Federal Law Enforcement Officers Association, et al. filed.
- Nov 13 2023Brief amicus curiae of Counsel of Prison Locals C-33 filed.
- Nov 13 2023Brief amicus curiae of United States Capitol Police Labor Committee filed.
- Nov 08 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 02 2023Waiver of right of respondent Jeremy Graber to respond filed.
- Oct 06 2023Petition for a writ of certiorari filed. (Response due November 13, 2023)
- Aug 02 2023Application (23A94) granted by Justice Alito extending the time to file until October 7, 2023.
- Jul 28 2023Application (23A94) to extend the time to file a petition for a writ of certiorari from August 8, 2023 to October 7, 2023, submitted to Justice Alito.