Supreme Court of the United States · Official docket →
City of Bossier City, Louisiana v. Richard Hershey, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-30754 · judgment October 7, 2025
(petition-stage, structural)
About 2.1× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a state or local-government petitioner.
Questions presented
In City of Canton v. Harris, this Court held that municipalities may be held liable under 42 U.S.C. § 1983 for a failure to train their employees only “where the failure to train amounts to deliberate indifference” to constitutional rights. 489 U.S. 378, 388 (1989). More recently, this Court left open a narrow possibility that a plaintiff might be able to demonstrate such deliberate indifference based on a single unconstitutional incident. Connick v. Thompson, 563 U.S. 51 (2011). But the Court emphasized that for such singleincident liability, the unconstitutional consequences of the failure to train must be “patently obvious.” Id. at 64. The questions presented are:
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Whether a plaintiff can plead single-incident municipal liability without alleging a violation of a clearly established constitutional right.
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Whether a plaintiff can plead single-incident municipal liability without alleging a complete lack of training on the constitutional right in question. (I)
Counsel of record
For petitioner
Jeffrey B. Wall
Gibson, Dunn & Crutcher LLP
For respondent
Paul D. Clement
Clement & Murphy, PLLC
Proceedings
- Sep 02 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 28 2026Reply of petitioner City of Bossier City, Louisiana filed.
- Jul 29 2026Brief of respondent Richard Hershey in opposition filed.
- Jun 29 2026Brief amici curiae of Louisiana, et al. filed.
- Jun 29 2026Brief amicus curiae of International Municipal Lawyers Association filed.
- Jun 29 2026Brief amicus curiae of National Association of Police Organizations filed.
- Jun 22 2026Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2026.
- Jun 18 2026Motion to extend the time to file a response from June 29, 2026 to July 29, 2026, submitted to The Clerk.
- May 13 2026Petition for a writ of certiorari filed. (Response due June 29, 2026)
- Mar 12 2026Application (25A996) granted by Justice Alito extending the time to file until May 13, 2026.
- Mar 09 2026Application (25A996) to extend the time to file a petition for a writ of certiorari from April 13, 2026 to May 13, 2026, submitted to Justice Alito.