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Van Pounds v. Cameron Smith, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-6649 · judgment December 5, 2025


Certiorari denied · June 1, 2026
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether courts should be allowed to view the facts and inferences in a light more favorable to public officials than to their victims, when ruling upon such officials’ qualified immunity-based motions for summary judgment.

  2. Whether public officials who make a calculated choice to commit unlawful acts following weeks of deliberation and consultation with legal counsel, and who hide the full extent of their deliberations behind claims of attorney-client privilege, should be afforded the same degree of qualified immunity protection as police officers when compelled to make split-second decisions to use force in dangerous settings.

  3. Whether, for purpose of determining qualified immunity, a public employee’s constitutional right to speak out as a private citizen on matters of public concern, free of governmental reaction reasonably likely to deter such speech, should be deemed “clearly established” by a body of relevant law.

Counsel of record

For petitioner
Van Pounds

For respondent
Paul L. Smith
Oregon Department of Justice - Appellate Division

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 01 2026
    Petition DENIED.
  2. May 12 2026
    DISTRIBUTED for Conference of 5/28/2026.
  3. May 04 2026
    Waiver of right of respondent Cameron Smith, et al. to respond filed.
  4. Apr 01 2026
    Petition for a writ of certiorari filed. (Response due May 18, 2026)