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Calvin Allen, Sr., et al. v. Seth Gomez, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-3161 · judgment December 3, 2024


Certiorari denied · October 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.

Question presented

Whether Eighth Circuit erred in holding and affirming dismissal judgment overlooking District Court manifested errors and abuses of discretion entered dismissal order and judgment for failure state claim with prejudice on June 22, 2022, for City of Springfield respondents, when amended complaint pleads direct, circumstantial evidence of race-based discriminatory intent, use of racial-epitaphsanimus and prima facie and intentional discrimination, as such pleads claims under 42 USC 1981, 1983, 1985 and the state law public accommodation contract 210.00 RSMo claim? Whether Eighth Circuit erred in holding and affirming dismissal judgment overlooking District Court manifested errors and abuses of discretion entered dismissal order and judgment for failure state claim with prejudice on June 22, 2022, for Patel, Laxmi Enterprises and Ozark Inn respondents, when amended complaint pleads direct, circumstantial evidence of race-based discriminatory intent, use of racial-epitaphs-animus and prima facie and intentional discrimination, as such pleads claims under 42 USC 1981, 1983, 1985 and the state law public accommodation contract 210.00 RSMo claim? Whether Eighth Circuit erred in holding and affirming dismissal judgment overlooking District Court manifested errors and abuses of discretion entered dismissal order and judgment for failure state claim without prejudice on February 23, 2023, for respondent Seth Gomez, when amended complaint pleads direct, circumstantial evidence of race-based discriminatory intent, use of racial-epitaphsanimus and prima facie and intentional discrimination, as such pleads claims under 42 USC 1981, 1983, 1985 and the state law public accommodation contract 210.00 RSMo claim? Whether Eighth Circuit erred in holding and affirming dismissal judgment overlooking District Court manifested errors and abuses of discretion entered sua sponte dismissal order and judgment for failure state claim without prejudice on August 7, 2023, for respondents Baily D. Stoddard, Domnic L. Jordon, Amanda L. Simrin, Rachel Slobig, when amended complaint pleads direct, circumstantial evidence of race-based discriminatory intent, and prima facie and intentional discrimination, as such pleads claims under 42 USC 1981, 1983, 1985 and the state law public accommodation contract 210.00 RSMo claim? Whether the Eighth Circuit erred and abuse discretion affirming dismissal judgment overlooking District Court abuses of discretion, when arbitrarily entered sua sponte dismissal order for failure state claim in error on August 7, 2023, for respondents Baily D. Stoddard, Domnic L. Jordon, Amanda L. Simrin, Rachel Slobig notwithstanding dismissal order should have vacate and enter default judgments against respondents, as matter of law for failure to appear, answer or defend complaint timely?

Counsel of record

For petitioner
Calvin Allen Sr.

For respondent
Warren E. Harris
Turner, Reid, Duncan, Loomer & Patton, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 13 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 24 2025
    Waiver of right of respondents Springfield Police Department, Paul Williams, Kelly Patton to respond filed.
  4. Jul 23 2025
    Waiver of right of respondent Bipin J. Patel and Laxmi Enterprises, Inc., d/b/a Ozark Inn to respond filed.
  5. Jul 19 2025
    Waiver of right of respondent Seth Gomez to respond filed.
  6. Mar 03 2025
    Petition for a writ of certiorari filed. (Response due July 24, 2025)