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Randy Smith, Sheriff, et al. v. Jerry Rogers, Jr.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-30352 · judgment August 9, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a state or local-government petitioner, and a petition filed soon after the judgment below.

Questions presented

Qualified immunity is a legal doctrine of federal constitutional law that grants government officials performing discretionary functions immunity from lawsuits unless the official violates clearly established statutory or constitutional rights of which a reasonable person would have known. 42 U.S.C. § 1983; see also Harlow v. Fitzgerald, 457 U.S. 800, 102 S. Ct. 2727, 73 L. Ed. 2d 396, 1982 U.S. LEXIS 139, *1. The questions presented are:

  1. What does it mean for a statutory or constitutional right to be “clearly established,” beyond debate for purposes of § 1983 qualified immunity?

  2. When can a government official be held liable for effectuating an arrest made under authority of a properly issued warrant?

Counsel of record

For petitioner
Chadwick William Collings
Milling Benson Woodward, L.L.P.

For respondent
William Brock Most
Most & Associates

Case

Conference history
Distributed for 1 conference

Linked docket
23A417

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Nov 22 2023
    Application (23A417) denied by Justice Alito.
  3. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 17 2023
    Waiver of right of respondent Jerry Rogers, Jr. to respond filed.
  5. Nov 07 2023
    Petition for a writ of certiorari filed. (Response due December 15, 2023)
  6. Nov 07 2023
    Application (23A417) for a stay, submitted to Justice Alito.