No. 18-862
Michael J. Daugherty, et al. v. Alain H. Sheer, et al.
Response Waived
Experienced Counsel
Tags: circuit-split civil-procedure civil-rights due-process motion-to-dismiss pleading pleading-standard qualified-immunity rule-12(b)(6) standing
Key Terms:
FirstAmendment Privacy
FirstAmendment Privacy
Latest Conference:
2019-03-01
Question Presented (AI Summary)
May a court dismiss a complaint under Rule 12(b)(6) for failing to plead facts needed to overcome an anticipated qualified-immunity defense?
Question Presented (OCR Extract)
QUESTION PRESENTED The D.C. Circuit dismissed the petitioners’ complaint under Rule 12(b)(6) on the ground that it failed to allege facts sufficient to rebut a qualified-immunity defense, deepening a well-developed circuit split on whether complaints must anticipate and plead around qualified immunity. The question presented is: May a court dismiss a complaint under Rule 12(b)(6) for failing to plead facts needed to overcome an anticipated qualified-immunity defense? (i)
Docket Entries
2019-03-04
Petition DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-01-29
Waiver of right of respondent Duggan, Michael, et al. to respond filed.
2019-01-29
Waiver of right of respondent Alain H. Sheer, et al. to respond filed.
2019-01-02
Petition for a writ of certiorari filed. (Response due February 6, 2019)
2018-10-24
Application (18A426) granted by The Chief Justice extending the time to file until December 31, 2018.
2018-10-18
Application (18A426) to extend the time to file a petition for a writ of certiorari from November 1, 2018 to December 31, 2018, submitted to The Chief Justice.
Attorneys
Alain H. Sheer, et al.
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent
Michael Daugherty, et al.
Jonathan F. Mitchell — Mitchell Law PLLC, Petitioner
Jonathan F. Mitchell — Mitchell Law PLLC, Petitioner
James W. Hawkins — James W. Hawkins, LLC, Petitioner
James W. Hawkins — James W. Hawkins, LLC, Petitioner