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Donna Chisesi, Administratrix of the Estate of Jonathon Victor, Deceased v. Matthew Hunady, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-11700 · judgment April 16, 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 counsel with five or more prior petitions here, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.

Questions presented

After a police officer fatally shot Jonathan Victor, Victor’s estate sued the officer and his supervisor, Sherriff Huey Mack, under 42 U.S.C. § 1983. The claim against Mack was based on his failure to train the officer on how to deal safely with injured people who show signs of an altered state of mind. The district court held that genuine factual issues precluded summary judgment for Mack on qualified-immunity grounds, but the Eleventh Circuit reversed. The questions presented are:

  1. Whether, on a defendant’s interlocutory appeal asserting qualified immunity, a court of appeals can decide whether any genuine factual disputes exist.

  2. Whether qualified immunity should be abrogated or restricted to its common-law origins. (i)

Counsel of record

For petitioner
Jeffrey T. Green
Northwestern Pritzker School of Law

For respondent
Fred Lee Clements Jr.
Webb McNeill Walker PC

Case

Conference history
Distributed for 1 conference

Linked docket
24A311

Proceedings

  1. Jan 13 2025
    Petition DENIED.
  2. Dec 24 2024
    DISTRIBUTED for Conference of 1/10/2025.
  3. Dec 23 2024
    Reply of petitioner Donna Chisesi filed. (Distributed)
  4. Dec 09 2024
    Brief of respondents Matthew Hunady, et al. in opposition filed.
  5. Nov 08 2024
    Petition for a writ of certiorari filed. (Response due December 13, 2024)
  6. Oct 31 2024
    Application (24A311) denied by Justice Thomas.
  7. Oct 25 2024
    Application (24A311) to extend further the time from November 8, 2024 to December 3, 2024, submitted to Justice Thomas.
  8. Oct 01 2024
    Application (24A311) granted by Justice Thomas extending the time to file until November 8, 2024.
  9. Sep 27 2024
    Application (24A311) to extend the time to file a petition for a writ of certiorari from October 9, 2024 to November 25, 2024, submitted to Justice Thomas.