No. 19-1436

Denise DeMartini v. Town of Gulf Stream, Florida

Lower Court: Eleventh Circuit
Docketed: 2020-06-30
Status: Denied
Type: Paid
Tags: 42-usc-1983 causation civil-lawsuit civil-litigation civil-rights first-amendment first-amendment-retaliation municipal-liability probable-cause retaliation section-1983
Latest Conference: 2020-10-30
Question Presented (from Petition)

Did the Eleventh Circuit err in importing a "lack of probable cause" requirement for a First Amendment retaliation claim under 42 U.S.C § 1983 arising from an allegedly retaliatory civil lawsuit by a municipality?

Question Presented (AI Summary)

Did the Eleventh Circuit err in importing a 'lack of probable cause' requirement for a First Amendment retaliation claim under 42 U.S.C § 1983 arising from an allegedly retaliatory civil lawsuit by a municipality?

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-14
DISTRIBUTED for Conference of 10/30/2020.
2020-09-25
Brief of respondent Town of Gulf Stream, FL in opposition filed.
2020-07-21
Motion to extend the time to file a response is granted and the time is extended to and including September 28, 2020.
2020-07-16
Motion to extend the time to file a response from July 30, 2020 to September 28, 2020, submitted to The Clerk.
2020-06-26
Petition for a writ of certiorari filed. (Response due July 30, 2020)

Attorneys

Denise DeMartini
Charles D. TobinBallard Spahr LLP, Petitioner
Town of Gulf Stream, FL
Jeffrey Lawrence HochmanJohnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., Respondent
Hudson C. GillJohnson, Anselmo, P.A., Respondent