No. 21-7311

Linda Baldwin v. Office of Injured Employee Counsel

Lower Court: Fifth Circuit
Docketed: 2022-03-08
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 14th-amendment 42-usc-1983 civil-rights due-process federal-statute qualified-immunity reckless-conduct section-1983
Key Terms:
Arbitration SocialSecurity ERISA DueProcess Privacy
Latest Conference: 2022-06-09 (distributed 2 times)
Question Presented (from Petition)

1. Under 42 U.S.C. § 1983, is a public official, whose reckless conduct proximately injured another violate a plaintiff 's federally protected right 's, liable for the plaintiff 's injuries, even though the State official is entitled to qualified immunity?

2. When a public official violates clearly established law through his conduct, and the conduct caused pain, suffering and mental anguish, is the official protected by qualified immunity? Albright v Oliver, 510 US 266, 271 (1994). Wat 273. Texas Dept, of Transp. v. Jones, 8 S.W.3d 636 (Tex. 1999)

3. Under 42 U.S.C. 1983, which do provides relief to those deprived of civil rights?

4, 14th Amendment . All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Question Presented (AI Summary)

Under 42 U.S.C. § 1983, is a public official liable for reckless conduct that proximately injured another, even with qualified immunity?

Docket Entries

2022-06-13
Rehearing DENIED.
2022-05-24
DISTRIBUTED for Conference of 6/9/2022.
2022-05-13
Petition for Rehearing filed.
2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-03-17
Waiver of right of respondent Office of Injured Employee Counsel to respond filed.
2021-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2022)
2021-10-14
Application (21A71) granted by Justice Alito extending the time to file until December 31, 2021.
2021-10-04
Application (21A71) to extend the time to file a petition for a writ of certiorari from November 1, 2021 to December 31, 2021, submitted to Justice Alito.

Attorneys

Linda Baldwin
Linda Baldwin — Petitioner
Office of Injured Employee Counsel
John Daniel CoolidgeOffice of the Attorney General of Texas, Respondent