Supreme Court Report

Supreme Court of the United States · Official docket →

Langston Austin, et al. v. Glynn County, Georgia, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-10162 · judgment September 14, 2023


Certiorari denied · March 18, 2024
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and an Eleventh Circuit decision below, and down for a petition filed soon after the judgment below.

Questions presented

This case presents a clear conflict among the circuit courts regarding the interpretation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. The Fourth, Fifth, and Seventh Circuits hold that state officials can be “employers” under the FLSA and that they can therefore be liable in their individual capacity for violations of the FLSA. The Eleventh Circuit holds that state officials are never employers in their individual capacity under the FLSA and are thus immune from liability, regardless of what the officials did, or did not do. The questions presented seek to resolve clear circuit splits relating to liability of public officials under the FLSA. The questions presented are:

  1. Whether state officials are subject to liability as employers in their individual capacity for violations of the FLSA.

  2. Whether the Eleventh Amendment to the United States Constitution grants immunity to all state officials for liability in their individual capacity as employers under the FLSA; and if not, what is the Eleventh Amendment analysis the courts must apply.

Counsel of record

For petitioner
Christopher Baker Hall
Hall & Lampros, LLP

For respondent
Richard Keith Strickland
Brown, Readdick, et al.

Case

Subject area
Unions (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, March 18, 2024 · Certiorari denied

Proceedings

  1. Mar 18 2024
    Petition DENIED.
  2. Feb 21 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 16 2024
    Reply of petitioners Langston Austin, et al. filed. (Distributed)
  4. Feb 07 2024
    Brief of respondents Glynn County, Georgia, et al. in opposition filed.
  5. Dec 13 2023
    Petition for a writ of certiorari filed. (Response due February 9, 2024)