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Sean Garnand, et al. v. Greg Moore, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16236 · judgment September 29, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Can a Circuit Court of Appeals simply elect not to decide purely legal qualified immunity questions over which it has interlocutory appellate jurisdiction? Can a Circuit Court of Appeals invent a jurisdictional limitation to avoid deciding purely legal qualified immunity questions over which it has interlocutory appellate jurisdiction? In an interlocutory qualified immunity appeal, can a Circuit Court of Appeals manufacture a claim that is not pled in the Complaint and then, solely based on that manufactured claim, deny qualified immunity for a legally distinct claim that is in the Complaint?
Counsel of record
For petitioner
Dennis Patrick McLaughlin
City of Tucson Attorney's Office
For respondent
Lawrence Jay Wulkan
Zwillinger Wulkan
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 25 2024Petition DENIED.
- Mar 06 2024DISTRIBUTED for Conference of 3/22/2024.
- Feb 28 2024Waiver of right of respondent Greg Moore, et al. to respond filed.
- Feb 16 2024Petition for a writ of certiorari filed. (Response due March 22, 2024)