No. 23-851

John Doe v. Purdue University, et al.

Lower Court: Seventh Circuit
Docketed: 2024-02-07
Status: Denied
Type: Paid
Response Waived
Tags: appeal appellate-review bias civil-procedure collateral-order-doctrine constitutional-adjudication due-process federal-procedure judicial-bias recusal recusal-standard standing
Key Terms:
ERISA DueProcess JusticiabilityDoctri
Latest Conference: 2024-03-28
Question Presented (from Petition)

1. Should this Court exercise its supervisory authority to preserve the appearance and fact of justice by requiring review now of a denial of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455 that otherwise would mean a trial before a biased Magistrate Judge, the bias shown in his rulings and the extra-judicial bias in his nomination to the Seventh Circuit, who would then be a colleague of the Seventh Circuit judges at the time of an appeal from a final judgment?

2. Is it an important federal question for this Court's consideration whether denials of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455 be subject to appellate review per the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546 (1949) and Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 (1978), particularly given, as this Court held in Rose v. Clark, 478 U.S. 570, 577 (1986), that as a matter of constitutional law adjudication before a biased judge requires reversal regardless of the evidence and bias cannot effectively be adjudicated in an appeal of a final judgment?

Question Presented (AI Summary)

Should this Court exercise its supervisory authority to preserve the appearance and fact of justice by requiring review now of a denial of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455

Docket Entries

2024-04-01
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-03-07
Waiver of right of respondent Purdue University, et al. to respond filed.
2024-02-05
Petition for a writ of certiorari filed. (Response due March 8, 2024)

Attorneys

John Doe
Philip A. BylerLAW OFFICES OF PHILIP A. BYLER, Petitioner
Purdue Univ., et al.
William Peter KealeyStuart & Branigin LLP, Respondent