No. 23-412

Seneca Lovett Engel v. Derek Engel, et al.

Lower Court: Eighth Circuit
Docketed: 2023-10-19
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights civil-rights-statute conspiracy-claim due-process federal-rules-procedure iqbal judicial-review motion-to-dismiss pleading-standard pleading-standards twombly
Key Terms:
SocialSecurity Antitrust DueProcess FourthAmendment Privacy Jurisdiction JusticiabilityDoctri
Latest Conference: 2023-12-08
Question Presented (from Petition)

Whether claims for conspiracy under 42 U.S.C. § 1985(3) and § 1983 are sufficiently stated under Fed. Rule Civ. P. 8(2), so as to survive a Rule 12(b)(6) motion to dismiss, where the complaint alleges a detailed sequence of events from which a conspiracy may reasonably be inferred, including reference to public records which enhance the complaint's factual allegations, where there are no obvious alternative explanations to the conspiracy or the constitutional violations resulting therefrom, and where direct evidence of the agreement to conspire may only be developed from adverse witnesses through discovery.

Question Presented (AI Summary)

Whether claims for conspiracy under 42 U.S.C. § 1985(8) and § 1983 are sufficiently stated under Fed. Rule Civ. P. 8(2)

Docket Entries

2023-12-11
Petition DENIED.
2023-11-21
DISTRIBUTED for Conference of 12/8/2023.
2023-11-07
Waiver of right of respondent Derek Engel to respond filed.
2023-10-30
Waiver of right of respondents Miller Police Dept.; City of Miller, SD; Jim Henson, et al. to respond filed.
2023-10-16
Petition for a writ of certiorari filed. (Response due November 20, 2023)
2023-08-30
Application (23A186) granted by Justice Kavanaugh extending the time to file until October 15, 2023.
2023-08-05
Application (23A186) to extend the time to file a petition for a writ of certiorari from August 16, 2023 to October 15, 2023, submitted to Justice Kavanaugh.

Attorneys

Derek Engel
Alex M. HagenCadwell Sanford Deibert & Garry, LLP, Respondent
Miller Police Dept.; City of Miller, SD; Jim Henson, et al.
Lisa MarsoBoyce Law Firm, LLP, Respondent
Seneca Lovett Engel
Tucker James VoleskyAttorney at Law, Petitioner