Supreme Court Report

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Penny Gardner v. Washington, Acting Through and dba the Washington Health Care Authority

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-2418 · judgment April 24, 2026


1%
estimated cert probability
(petition-stage, structural)
At the Nov 6 conference: granted 0.08% · GVR 0.06% · relisted 5.3% · denied 95%
Granted ever, conference-stage estimate: 0.77%

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

Question presented

Whether a State can be a 42 U.S.C. §1983 “person” when its own law so provides, and whether a plaintiff may rely on that state law.

Counsel of record

For petitioner
Mary E. Schultz
Mary Schultz Law, P.S.

For respondent
Tera Marie Heintz
Washington State Attorney General's Office

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Oct 02 2026
    Waiver of right of respondent State of Washington, acting through and doing business as the Washington Health Care Authority to respond filed.
  3. Aug 31 2026
    Petition for a writ of certiorari filed. (Response due October 9, 2026)