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Casey Campbell v. Merrick B. Garland, Attorney General, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-11067 · judgment November 2, 2023


Certiorari denied · April 15, 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.

Questions presented

  1. Are employer statements on religious discrimination that are included in the complaint and admitted in the answer binding judicial admissions in the de novo review of a federal employee’s Title VII religious discrimination claim?

  2. Is a Final Agency Decision that was not vacated competent evidence in the de novo review of a federal employee’s Title VII religious discrimination/hostile work environment claim?

  3. As “[t]he loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury” and as “[Title VII] gives [religious practices] favored treatment”, can discrimination or harassment of a federal employee based on religion be considered “the ordinary tribulations of the workplace”?

  4. Was the law prohibiting religious discrimination in the workplace clearly established in 2013 to preclude qualified immunity as a defense to a claim for damages under the Religious Freedom Restoration Act?

  5. Is qualified immunity a defense to a claim for equitable relief under Title VII or under the Religious Freedom Restoration Act?

  6. Is a sanction that abridges substantive rights for a non-willful violation of a local rule proper under Federal Rule of Civil Procedure 83(a)(2).

Counsel of record

For petitioner
Thomas Boyd Cowart
Wasoff & Cowart, PLLC

For respondent
Debra S. Edmondson
The Edmondson Law Firm, PLLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 10 2024
    Rehearing DENIED.
  2. May 21 2024
    DISTRIBUTED for Conference of 6/6/2024.
  3. May 10 2024
  4. Apr 15 2024
    Petition DENIED.
  5. Apr 01 2024
    Waiver of right of respondent William Onuh, in his personal capacity to respond filed.
  6. Mar 20 2024
    DISTRIBUTED for Conference of 4/12/2024.
  7. Mar 06 2024
    Waiver of right of respondent Garland, Att'y Gen., et al. to respond filed.
  8. Jan 30 2024
    Petition for a writ of certiorari filed. (Response due March 6, 2024)