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Jeffrey Pratt v. Tony Helms, in His Official Capacity as Sheriff of Camden County, Missouri, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-3002 · judgment July 12, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 7% cert probability (95% interval 4%–13%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and an Eighth Circuit decision below, and down for a state or local-government respondent.

Questions presented

  1. Whether the Eighth Circuit, in contravention to the Federal Rules of Civil Procedure and the precedent set forth by this Court in Johnson v. City of Shelby, 574 U.S. 10 (2014), impermissibly reestablished the long-abolished pleadings doctrine which will bar Americans from litigating meritorious claims.

  2. Whether the current circuit split is the result of courts, including the Eighth Circuit, impermissibly using dicta to expand the limited holding in Engquist v. Or. Dep’t of Agric., 553 U.S. 591 (2008), to cases outside of the government employment context to overrule this Court’s holding in Willowbrook v. Olech, 528 U.S. 562 (2000), which will now allow bad government actors to engage in unchecked, unconstitutional behavior.

Counsel of record

For petitioner
Alexandra Crisanthi Siskopoulos
Siskopoulos Law Firm, LLP

For respondent
David Stephen Baker
Fisher, Patterson, Sayler & Smith, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 13 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 05 2023
    Waiver of right of respondents Sheriff Tony Helms, Camden County Sheriff in his Official Capacity; Lieutenant Joe Botta; Sheriff's Deputy Bill Mullins; Detective Roger Sloan. to respond filed.
  4. Nov 14 2023
    Petition for a writ of certiorari filed. (Response due December 18, 2023)