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Jennifer Root Bannon, as the Special Personal Representative of the Estate of Juston Root v. David Godin, Boston Police Officer, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 22-1958 · judgment April 22, 2024


Certiorari denied · January 13, 2025
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Did the appeals court improperly create new summary judgment standards under which a court may assess the summary judgment record by making factual determinations, weighing evidence, assessing credibility, and drawing inferences in the movant’s favor?

  2. Did the appeals court create a circuit split as to the standards governing whether the totality of the circumstances justifies the use of deadly force?

Counsel of record

For petitioner
Mark A. Berthiaume
Greenberg Traurig, LLP

For respondent
Daniel J. Moynihan Jr.
Law Office of Daniel J. Moynihan, PC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 10 2025
    Rehearing DENIED.
  2. Feb 19 2025
    DISTRIBUTED for Conference of 3/7/2025.
  3. Feb 07 2025
    Petition for Rehearing filed.
  4. Jan 13 2025
    Petition DENIED.
  5. Dec 04 2024
    DISTRIBUTED for Conference of 1/10/2025.
  6. Nov 29 2024
    Reply of petitioner Jennifer Root Bannon filed.
  7. Nov 15 2024
    Brief of respondent Paul Conneely in opposition filed.
  8. Nov 15 2024
    Brief of respondents David Godin, et al. in opposition filed.
  9. Sep 25 2024
    Motion of Paul Conneely to extend the time to file a response is granted and the time is extended to and including November 15, 2024, for all respondents.
  10. Sep 23 2024
    Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2024, for all respondents.
  11. Sep 20 2024
    Motion to extend the time to file a response from October 15, 2024 to November 15, 2024, submitted to The Clerk.
  12. Sep 20 2024
    Motion of Paul Conneely to extend the time to file a response from October 15, 2024 to November 15, 2024, submitted to The Clerk.
  13. Sep 09 2024
    Petition for a writ of certiorari filed. (Response due October 15, 2024)