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Christopher Kiely, et al. v. Sherene Fagon, Administrator of the Estate of Zoe Dowdell

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-7987 · judgment January 14, 2025


Certiorari denied · May 19, 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

  1. Whether the Second Circuit Court of Appeals erred in declining to exercise jurisdiction over Defendants’ interlocutory appeal of the trial courts denial of qualified immunity when the Defendants clearly indicated they were relying on the undisputed facts and Plaintiff’s version of any disputed facts?

Counsel of record

For petitioner
Thomas R. Gerarde
Howd & Ludorf, LLC

For respondent
Athul Karinja Acharya
Public Accountability

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 19 2025
    Petition DENIED.
  2. Apr 29 2025
    DISTRIBUTED for Conference of 5/15/2025.
  3. Apr 22 2025
    Waiver of right of respondent Sherene Fagon to respond filed.
  4. Apr 14 2025
    Petition for a writ of certiorari filed. (Response due May 19, 2025)