Supreme Court of the United States · Official docket →
Daryl L. Davis v. Deborah Pullum, City Attorney, Tyler, Texas, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-40599 · judgment April 21, 2026
(petition-stage, structural)
About 1.5× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition, and down for a petition of 3,000 to 6,000 words.
Questions presented
To prevail on a Section 1983 claim of malicious prosecution, the accused must show that the criminal charge terminated in his favor and was brought without probable cause. Under Thompson v. Clark, 596 U.S. 36 (2022), the favorable-termination element is satisfied if the prosecution “ended without a conviction,” id. at 49, and under Chiaverini v. City of Napoleon, 602 U.S. 556 (2024), malicious-prosecution suits must be evaluated “charge by charge,” id. at 562. The questions presented are:
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Whether a criminal charge that was dismissed with prejudice in connection with a plea deal terminated in favor of the accused.
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Whether the existence of probable cause for one criminal charge categorically bars a claim of malicious prosecution based on a different charge.
Counsel of record
For petitioner
Allyson Ho
Gibson, Dunn & Crutcher LLP
For respondent
Robert Scott Davis
Flowers Davis, P.L.L.C.
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
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Linked docket
26A49
Proceedings
- Oct 16 2026Motion of Deborah Pullum, et al. for an extension of time submitted.
- Oct 09 2026Waiver of right of respondents Larry Smith and Jacob Putman to respond filed.
- Sep 18 2026Petition for a writ of certiorari filed. (Response due October 22, 2026)
- Aug 07 2026Application (26A49) granted by Justice Alito extending the time to file until September 18, 2026.
- Aug 05 2026Application (26A49) to extend further the time from August 19, 2026 to September 18, 2026, submitted to Justice Alito.
- Jul 13 2026Application (26A49) granted by Justice Alito extending the time to file until August 19, 2026.
- Jul 08 2026Application (26A49) to extend the time to file a petition for a writ of certiorari from July 20, 2026 to September 18, 2026, submitted to Justice Alito.