No. 18-1357

Randy Cummings, et al. v. Celina Bussey, et al.

Lower Court: Tenth Circuit
Docketed: 2019-04-29
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 clearly-established-law discretionary-function federal-court-interpretation federal-court-review ministerial-exception property-rights qualified-immunity state-law state-law-interpretation state-supreme-court-precedent statutory-interpretation
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether a federal court interpreting a state statute can conclude that it grants the state agency discretion such that the "ministerial exception" to qualified immunity does not apply, where the highest court of the state concluded that the statute in question imposed a "mandatory, non-discretionary duty" on the agency to follow its mandates and that doing so was purely a ministerial act?

2. Whether a federal court interpreting a state statute can find that the law governing employees' property right—defined by state law—in prevailing wages was not "clearly established" at the time of the violation where the highest court of the state concluded that it was?

Question Presented (AI Summary)

Whether a federal court interpreting a state statute can conclude that it grants the state agency discretion such that the 'ministerial exception' to qualified immunity does not apply, where the highest court of the state concluded that the statute in question imposed a 'mandatory, non-discretionary duty' on the agency to follow its mandates and that doing so was purely a ministerial act?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-12
DISTRIBUTED for Conference of 10/1/2019.
2019-05-22
Waiver of right of respondents Celina Bussey, et al. to respond filed.
2019-04-24
Petition for a writ of certiorari filed. (Response due May 29, 2019)

Attorneys

Celina Bussey, et al.
Sean OlivasKeleher & McLeod, P.A., Respondent
Randy Cummings, et al.
James Marshall PiotrowskiHerzfeld & Piotrowski, LLP, Petitioner