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Laura Covington v. City of Madisonville, Texas

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-20311 · judgment August 18, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

To obtain relief against a municipality under §1983, a plaintiff must show an official policy from a policymaker was the moving force behind a violation of a constitutional right. The question of whether an official is a policymaker is a matter of state law. Does this Court’s precedent require a plaintiff to overcome a presumption that a police chief is not an official policymaker to prove the municipality delegated policymaking authority to the police chief over the discrete police activity that caused the constitutional violation?

Counsel of record

For petitioner
Larry Watts
Watts & Associates

For respondent
Norman Ray Giles
Lewis Brisbois Bisgaard & Smith, 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 21 2023
    Waiver of right of respondent Madisonville, TX to respond filed.
  4. Nov 16 2023
    Petition for a writ of certiorari filed. (Response due December 20, 2023)