No. 23A255

Denise Fisher v. Jodi M. Moore, et al.

Lower Court: Fifth Circuit
Docketed: 2023-09-20
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: clearly-established-law deliberate-indifference fourteenth-amendment qualified-immunity section-1983 state-created-danger-doctrine
Latest Conference: N/A
Question Presented (from Petition)

Whether the state-created danger doctrine was "clearly established" when ten circuits unanimously recognized the doctrine, and whether the doctrine should be clearly established going forward.

Question Presented (AI Summary)

Whether the state-created danger doctrine, unanimously recognized by ten federal circuits, constitutes a clearly established right under the Fourteenth Amendment such that public school officials may be held liable under 42 U.S.C. § 1983 for deliberately leaving a disabled student alone with a student with a documented history of sexual misconduct, resulting in sexual assault

Docket Entries

2023-09-20
Application (23A255) granted by Justice Alito extending the time to file until November 13, 2023.
2023-09-18
Application (23A255) to extend the time to file a petition for a writ of certiorari from October 12, 2023 to December 11, 2023, submitted to Justice Alito.

Attorneys

Denise Fisher, as next friend of M.F., a minor
Andrew Timothy TuttArnold & Porter Kaye Scholer, Petitioner