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David B. Porter v. F. Tyler Sergent, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5944 · judgment October 29, 2024


Certiorari denied · June 6, 2025
Pre-decision estimate: 2% cert probability

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

Question presented

May a private college which receives federal funding always rely upon a “no state action” defense in denying its employee due process or procedural fairness in a Title IX disciplinary hearing?

Counsel of record

For petitioner
John Faris Lackey
Lackey Law Office

For respondent
Thomas W. Miller
Miller, Griffin & Marks, P.S.C.

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. Apr 30 2025
    Waiver of right of respondent Tyler Sergent to respond filed.
  4. Apr 29 2025
    Waiver of right of respondent Berea College to respond filed.
  5. Apr 14 2025
    Petition for a writ of certiorari filed. (Response due May 19, 2025)