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Jeremy Johnson v. Andre D. Boyd

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50945 · judgment July 24, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above 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.

Question presented

I. Whether circuit court precedent can clearly establish the law for the purpose of qualified immunity analysis, and, if so, under what circumstances can it do so. II. Whether the Supreme Court should heed the concerns of multiple sitting Fifth Circuit judges and repair the uncertainty and confusion the Fifth Circuit has created through its conflicting and indeterminate precedents relating to split-second useof-force decisions.

Counsel of record

For petitioner
Thomas Phillip Brandt
Fanning Harper Martinson Brandt & Kutchin, PC

For respondent
Michael Dallas Lieberman
Fairmark Partners LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Nov 29 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Nov 22 2023
    Waiver of right of respondent Andre Boyd to respond filed.
  4. Oct 20 2023
    Petition for a writ of certiorari filed. (Response due November 27, 2023)