Supreme Court Report

Supreme Court of the United States · Official docket →

Bethany Farber v. City of Los Angeles, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-55541 · judgment August 6, 2024


Certiorari denied · January 13, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

42 U.S.C. Section 1983 provides that any person who, “under color of” state law, subjects any other person “to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law[.]” In this case, the United States Court of Appeals for the Ninth Circuit analyzed Farber’s Section 1983 claim for wrongful detention under the Fourteenth Amendment and found no violation of her substantive due process rights. Pet. App. 4a. The panel’s examination of Farber’s claim through the lens of substantive due process implicates a broad split of authority as to whether such claims should be considered under the Fourth or Fourteenth Amendment and presents the following question for review. 1. Whether the right against wrongful detention falls under the Fourth Amendment’s proscription against unreasonable seizures, or the Fourteenth Amendment’s guarantee of substantive due process?

Counsel of record

For petitioner
Glenn Ari Danas
Clarkson Law Firm, P.C.

For respondent
Jonathan H. Eisenman
Los Angeles City Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 13 2025
    Petition DENIED.
  2. Dec 18 2024
    DISTRIBUTED for Conference of 1/10/2025.
  3. Dec 02 2024
    Waiver of right of respondent City of Los Angeles to respond filed.
  4. Nov 04 2024
    Petition for a writ of certiorari filed. (Response due December 9, 2024)