Supreme Court of the United States · Official docket →
Lebene Konan v. United States Postal Service, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10179 · judgment March 20, 2024
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition citing one or two dissents.
Questions presented
The Ku Klux Klan Act provides a federal cause of action against “two or more persons” who “conspire,” as relevant here, to deprive “any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws.” Rev. Stat. § 1980, 42 U.S.C. § 1985(3). The questions presented are:
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Whether federal employees can be liable under Section 1985(3).
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Whether or under what circumstances the intracorporate conspiracy doctrine— which holds that employees of the same entity cannot be liable for conspiracy— applies to Section 1985(3).
Counsel of record
For petitioner
Robert J. Clary
Robert Clary, PLLC
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Order
Order list, April 21, 2025 · Certiorari denied
Proceedings
- Apr 21 2025Petition DENIED.
- Apr 14 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 19 2025DISTRIBUTED for Conference of 4/4/2025.
- Mar 19 2025Reply of petitioner Lebene Konan filed. (Distributed)
- Feb 28 2025Brief of respondents United States Postal Service, et al. in opposition filed.
- Jan 27 2025Motion to extend the time to file a response is granted and the time is further extended to and including February 28, 2025, for all respondents.
- Jan 24 2025Motion to extend the time to file a response from February 3, 2025 to February 28, 2025, submitted to The Clerk.
- Dec 20 2024Motion to extend the time to file a response is granted and the time is further extended to and including February 3, 2025.
- Dec 19 2024Motion to extend the time to file a response from January 2, 2025 to February 3, 2025, submitted to The Clerk.
- Nov 15 2024Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2025.
- Nov 13 2024Motion to extend the time to file a response from December 2, 2024 to January 2, 2025, submitted to The Clerk.
- Oct 28 2024Petition for a writ of certiorari filed. (Response due December 2, 2024)