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Antoine Douglass Johnson v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-4435 · judgment December 20, 2024


Certiorari denied · April 28, 2025
Pre-decision estimate: 0% cert probability

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

Question presented

I. If a program or person holding the records invokes the Confidentiality or records statute (42 U.S.C. § 290dd-2), by presenting evidence under 42 C.F.R. § 2.66(b), is he entitled to judicial review of that presented evidence? II. “A core concern in this Court's personal jurisdiction cases is fairness.” (.Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, 1784 (2017)). Is it fair to deny a coram nobis hearing to a program or person holding the records when new, undisputed evidence proves his conduct is presumptively within the scope of statutory immunity provided by 42 U.S.C. § 290dd2(c) and 42 C.F.R. § 2.66? III. “[I]f a defendant contests the court's authority, the court must determine whether it can nevertheless assert coercive power over the defendant. That calculus turns first on the statute or rule defining the persons within the court's reach.” (.Mallory v. Norfolk Southern Ry. Co., 143 S. Ct. 2028, 2055 (2023)). If a Confidentiality of records beneficiary claims he is not within the court’s reach, because patient identifying information was improperly used or disclosed, must federal courts determine whether that claim is true?

Counsel of record

For petitioner
Antoine Douglass Johnson

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 28 2025
    Petition DENIED.
  2. Apr 09 2025
    DISTRIBUTED for Conference of 4/25/2025.
  3. Apr 03 2025
    Waiver of right of respondent United States to respond filed.
  4. Mar 17 2025
    Petition for a writ of certiorari filed. (Response due April 30, 2025)