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Chester Noel Abing, et al. v. James F. Evers, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15097 · judgment May 12, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 3% cert probability

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

Question presented

FIRST QUESTION Does the Fourteenth Amendment (1868) amend the Eleventh Amendment (1798)? (If so, then the Eleventh Amendment cannot provide “sovereign immunity” from civil-rights lawsuits under the Fourteenth Amendment or the Civil Rights Laws enacted pursuant to it.) SECOND QUESTION May State laws nullify the Fourteenth Amend­ ment and the Civil Rights Laws enacted under it? THIRD QUESTION Do the Fourteenth Amendment, and the Civil Rights Laws enacted to enforce it, prohibit malicious discrimination by State officers in the form of theft of property using forged documents, threats, and harassment?

Counsel of record

For petitioner
Chester Noel Abing

For respondent
James C. Paige
State of Hawaii Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 17 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Dec 07 2023
    Waiver of right of respondents James F. Evers, et al. to respond filed.
  4. Aug 09 2023
    Petition for a writ of certiorari filed. (Response due January 4, 2024)