No. 18-249

Madeleine Connor v. Eric Castro, et al.

Lower Court: Fifth Circuit
Docketed: 2018-08-28
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 civil-rights due-process federal-procedure free-speech government-retaliation lugar-v-edmondson rule-15-supplementation section-1983 standing state-action twombly-iqbal
Latest Conference: 2018-10-05
Question Presented (from Petition)

Whether the Court of Appeals erred in affirming the district court's denial of Petitioner's request as futile to supplement her pleading under Fed. R. Civ. P. 15(d), where the email at issue evidences government retaliation as a matter of law and satisfies this Court's Lugar test to demonstrate "state action" under 42 U.S.C. § 1983.

Whether the Court of Appeals misapplied this Court's precedent in Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982).

Whether the Court of Appeals erred by requiring Petitioner to provide actual proof of "state action" under 42 U.S.C. § 1983 by issuing what in effect is a fact finding—that the email was a "purely private act"—and in so finding, improperly raised Petitioner's burden to allege a plausible claim under this Court's precedence in Twonibly and Iqbal.

Question Presented (AI Summary)

Whether the Court of Appeals erred in affirming the district court's denial of Petitioner's request to supplement her pleading under Fed. R. Civ. P. 15(d), where the email at issue evidences government retaliation as a matter of law and satisfies this Court's Lugar test to demonstrate state action' under 42 U.S.C. § 1983

Docket Entries

2018-10-09
Petition DENIED.
2018-09-19
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondents Eric Castro, et al. to respond filed.
2018-08-22
Petition for a writ of certiorari filed. (Response due September 27, 2018)
2018-07-10
Application (18A31) granted by Justice Alito extending the time to file until August 22, 2018.
2018-07-02
Application (18A31) to extend the time to file a petition for a writ of certiorari from July 23, 2018 to September 6, 2018, submitted to Justice Alito.

Attorneys

Eric Castro, et al.
Scott M. TschirhartDenton Navarro Rocha Bernal & Zech, P.C., Respondent
Madeleine Connor
Madeleine Connor — Petitioner