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Daryll Boyd Jones v. New York, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-689 · judgment February 11, 2025


Certiorari denied · October 6, 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.

Questions presented

  1. Whether the Court of Appeals erred by failing to sever retrospective claims for damages from prospective injunctive claims under Ex parte Young, contrary to longestablished severance doctrine recognized in Edelman v. Jordan, 415 U.S. 651 (1974), and its progeny.

  2. Whether systemic judicial bias and misconduct in New York’s attorney discipline proceedings in the Appellate Division, Second Department—including the selective prosecution of Black civil rights lawyers— violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

  3. Whether the increasing weaponization of the judicial system against political and civil rights opponents—including the disparate treatment in highprofile prosecutions and selective attorney discipline— raises issues of national importance requiring this Court’s intervention to preserve public confidence in the impartial administration of justice.

  4. Whether the Second Circuit’s refusal to sever viable claims for prospective injunctive relief from claims for retrospective damages conflicts with this Court’s precedent in Edelman v. Jordan, 415 U.S. 651 (1974), and contributes to a circuit split that threatens the availability of forward-looking constitutional remedies in civil rights litigation.

  5. Whether the lower courts violated due process by invoking procedural doctrines to avoid adjudicating petitioner’s core constitutional claims for prospective relief, in conflict with Wilkinson v. Austin, 545 U.S. 209 (2005), which requires meaningful process before the government may curtail protected liberty interests.

Counsel of record

For petitioner
Daryll Boyd Jones

For respondent
Barbara Dale Underwood
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 15 2026
    Rehearing DENIED.
  2. May 26 2026
    DISTRIBUTED for Conference of 6/11/2026.
  3. Oct 14 2025
    Petition for Rehearing filed.
  4. Oct 14 2025
    Motion for leave to proceed further herein in forma pauperis.
  5. Oct 06 2025
    Petition DENIED.
  6. Jun 17 2025
    DISTRIBUTED for Conference of 9/29/2025.
  7. Jun 10 2025
    Waiver of right of respondent New York, et al. to respond filed.
  8. May 08 2025
    Petition for a writ of certiorari filed. (Response due June 27, 2025)