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Wei Qiu v. Board of Education of Nelson County, Kentucky

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-5305 · judgment October 11, 2024


Certiorari denied · April 28, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Nelson absolutely and completely ignored Qiu for employment since Nelson found Qiu’s Chinese accent. Qiu the American citizen sued Nelson under Title VII of the Civil Rights Act of 1964 based on her race, color, and national origin. Qiu’s complaint alleged that Nelson absolutely and completely ignored Qiu the excellent chemistry teacher and highly Praxis qualified physics teacher for its chemistry/physics position because Nelson discriminated against Qiu’s accent. Nelson filed its motion to dismiss. In her response, Qiu proved her excellence for the chemistry/physics position and Nelson absolutely and completely ignored her with the evidence of the emails. The facts in Qiu’s complaint were fully evidence supported in Qiu’s response. The district court dismissed Qiu’s complaint, and the circuit court affirmed the dismissal. Question 1. Does the complaint meet the standard “state a claim to relief that is plausible on its face” when alleging the employer ignored the protected applicant of excellent qualifications for the position? Question 2. Must the facts in the complaint go into detail to meet the standard “state a claim to relief that is plausible on its face”? Question 3. Did the judges violate Qiu’s Constitutional right to due process and equal protection of the laws in Section 1 of Amendment XIV? Were the judges against the Rule of Law?

Counsel of record

For petitioner
Wei Qiu

For respondent
W. Cravens Priest III
English, Lucas, Priest & Owsley, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 28 2025
    Petition DENIED.
  2. Apr 09 2025
    DISTRIBUTED for Conference of 4/25/2025.
  3. Mar 24 2025
    Waiver of right of respondent Board of Education of Nelson County, Kentucky to respond filed.
  4. Jan 30 2025
    Petition for a writ of certiorari filed. (Response due March 24, 2025)