Supreme Court of the United States · Official docket →
Dustin Williams, et al. v. Randall McElhaney
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-5903 · judgment August 25, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a Sixth Circuit decision below.
Question presented
The decision below reflects a well-defined “split of authority,” joining the Second Circuit in Frierson v. Reinisch, 806 Fed.Appx. 54 (2020), as split from the Third, Blasi v. Pen Argyl Area School District, 512 Fed. Appx. 173 (2013); and Eighth, Wildman v. Marshalltown School District, 249 F.3d 768 (2001). This circuit split bars school employees from enforcing reasonable rules of participation in extracurricular athletics, to promote lessons of sportsmanship. Contrary to the Third and Eighth Circuits, the Sixth and Second hold enforcement as content-based retaliation violating the First Amendment. The court below also significantly departed from settled precedent concerning the “clearly established” prong of qualified immunity, articulating a new test, phrased for the first time in any Circuit as “low level of generality,” 81 F.4th at 554, which is incompatible with the requirement that the “violative nature of particular conduct is clearly established.” Mullenix v. Luna, 577 U.S. 7, 12 (2015). Applying its new test, the court ignored similar cases involving extracurricular activities, instead conflating this case with highly general cases in the general academic setting. The Question Presented is: Where a parent who has voluntarily agreed to be bound by team rules for their minor to play in an extracurricular academic setting including rules that a parent will not discuss playing time or position assignment, was it clearly established that a school employee violates the parent’s First Amendment rights by suspending the parent from attending games for one week for violation of those team rules, such that the right may be defined at a “low level of generality”
Counsel of record
For petitioner
Daniel H. Rader III
Moore Rader and York PC
For respondent
Perry Allan Craft
Law Office of Perry A. Craft, PLLC
Case
Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, January 22, 2024 · Certiorari denied
Proceedings
- Jan 22 2024Petition DENIED.
- Jan 03 2024DISTRIBUTED for Conference of 1/19/2024.
- Dec 20 2023Brief of respondent Randall McElhaney in opposition filed.
- Nov 21 2023Petition for a writ of certiorari filed. (Response due December 28, 2023)