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Kieran Ravi Bhattacharya v. James B. Murray, Jr., in His Official Capacity as Rector of the Board of Visitors of the University of Virginia, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-1999, 22-2064 · judgment February 26, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Was Bhattacharya deprived of his Seventh Amendment right to a jury trial because the district court and Fourth Circuit Majority resolved disputed issues of material fact in favor of the University of Virginia (“UVA”) in violation of Federal Rules of Civil Procedure 56, as interpreted by the Court in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52 (1986)? Was Bhattacharya deprived of his First Amendment Right to free speech because UVA suspended and ultimately expelled him from medical school based on the content of his speech at an extracurricular panel discussion regarding microaggression theory, his efforts to defend himself at a hastily convened disciplinary “hearing” at which the only evidence cited for his suspension consisted of his previous questions and comments about microaggression, his “defensiveness” at the suspension hearing, and his online postings seeking to publicize and obtain legal counsel to challenge his suspension? Was Bhattacharya deprived of his right to due process under the Fifth and Fourteenth Amendments because UVA admittedly failed to follow its own disciplinary procedures and did not afford Bhattacharya notice of and an opportunity to defend the charges against him? Was Bhattacharya deprived of his right to due process because the Fourth Circuit Majority resolved disputed issues of material fact in ways that were never advocated by UVA, that the district court never found, and that were demonstrably incorrect—as Bhattacharya established in his Petition for Panel Rehearing and Rehearing En Banc DIWHUWKHDOOHJHGMXVWLÀFDWLRQIRUKLVVXVSHQVLRQVXUIDFHG IRUWKHYHU\ÀUVWWLPHLQWKH0DMRULW\·VRSLQLRQ"
Counsel of record
For petitioner
Michael J. Lockerby
Foley & Lardner LLP
For respondent
Erika Lauren Maley
Virginia Office of the Attorney General
Proceedings
- Nov 04 2024Petition DENIED.
- Oct 09 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 04 2024Waiver of right of respondent James Murray, Jr., et al. to respond filed.
- Sep 12 2024Petition for a writ of certiorari filed. (Response due October 16, 2024)
- Jul 09 2024Application (24A10) granted by The Chief Justice extending the time to file until September 12, 2024.
- Jul 02 2024Application (24A10) to extend the time to file a petition for a writ of certiorari from July 14, 2024 to September 12, 2024, submitted to The Chief Justice.