No. 18-228

Western Radio Services Company, Inc. v. John Allen, et al.

Lower Court: Ninth Circuit
Docketed: 2018-08-23
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedures-act agency-discrimination bivens-claim class-of-one equal-protection first-amendment first-amendment-retaliation permitting-actions retaliation
Key Terms:
AdministrativeLaw FirstAmendment
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Does the Administrative Procedures Act preclude a Bivens claim for First Amendment Retaliation and 'Class of One' Equal Protection?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Where a company alleges that, after it began filing legal challenges against Forest Service decisions, the agency singled it out for delay and inaction on its permitting requests, and refused to enforce site plan provisions against the company's competitor, does the Administrative Procedures Act preclude a Bivens claim for First Amendment Retaliation and "Class of One" Equal Protection?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-09-17
Waiver of right of respondents UNITED STATES to respond filed.
2018-08-20
Petition for a writ of certiorari filed. (Response due September 24, 2018)

Attorneys

UNITED STATES
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Western Radio Services Company, Inc.
Marianne Guenevere Dugan — Petitioner
Marianne Guenevere Dugan — Petitioner