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Erin Wade, et al. v. City of Houston, Texas, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-20026 · judgment August 6, 2024


Certiorari denied · February 24, 2025
Pre-decision estimate: 9% cert probability (95% interval 6%–14%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a state or local-government respondent.

Questions presented

  1. Whether this Court should correct the Fifth Circuit’s departure from the accepted and usual course of judicial proceedings by selectively eliminating key factual allegations in order to reach its desired conclusion.

  2. Whether this Court should correct the Fifth Circuit’s departure from the other Circuit Courts of Appeals with respect to the pleading standards in civil rights cases, effectively creating a new and unique requirement for civil rights plaintiffs to affirmatively prove the absence of probable cause at the pleading stage.

  3. Whether this Court should correct the Fifth Circuit’s conflict with the Texas Court of Criminal Appeals’ decision with respect to the application of the First Amendment in mass arrest and protest cases.

  4. Whether this Court should revisit the propriety and scope of the qualified immunity defense.

Counsel of record

For petitioner
Randall Lee Kallinen
Law Office of Randall L Kallinen PLLC

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2025
    Petition DENIED.
  2. Jan 22 2025
    DISTRIBUTED for Conference of 2/21/2025.
  3. Dec 03 2024
    Petition for a writ of certiorari filed. (Response due January 6, 2025)