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Geoffrey Gray, et al. v. Washington State Department of Transportation, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-3278 · judgment December 6, 2024


Certiorari denied · June 6, 2025
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Should this Court grant certiorari to correct the error of the Court of Appeals below, where the Court of Appeals, contrary to binding authority of this Court and contrary to the jurisprudence of other Circuit Courts of $SSHDODSSOLHGDTXDOLÀHGLPPXQLW\DIÀUPDWLYHGHIHQVH to bar an Ex Parte Young claim for prospective injunctive UHOLHIDJDLQVWVWDWHRIÀFLDOVLQWKHLURIÀFLDOFDSDFLW"Yes.

  2. To the extent that the Court of Appeals below went against the consensus holdings of other Courts of Appeals, by failing to give the plaintiffs below any opportunity to amend their complaint to cure the defects noted in its Memorandum Opinion, should this Court grant certiorari to bring the Ninth Circuit back into harmony ZLWKWKHUHVWRIWKHIHGHUDOMXGLFLDU\RQWKDWSRLQW"Yes.

  3. Should this Court grant certiorari to correct the error of the Court of Appeals below, where the Court of Appeals, contrary to binding authority of this Court, refused to consider precedent adduced by Petitioners IRUWKHÀUVWWLPHRQDSSHDOLQVXSSRUWRIWKHLUDUJXPHQW against Respondents’ qualified immunity affirmative GHIHQVH"Yes.

Counsel of record

For petitioner
Nathan Jurmu Arnold
Arnold Jacobowitz & Alvarado PLLC

For respondent
Tera Marie Heintz
Washington State Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 06 2025
    Petition DENIED.
  2. May 20 2025
    DISTRIBUTED for Conference of 6/5/2025.
  3. May 14 2025
    Waiver of right of respondent Washington State Department of Transportation, et al. to respond filed.
  4. Apr 14 2025
    Petition for a writ of certiorari filed. (Response due May 16, 2025)