No. 19-1169

Jonas Ybarra, Jr. v. Texas Health and Human Services Commission, et al.

Lower Court: Fifth Circuit
Docketed: 2020-03-26
Status: Denied
Type: Paid
Response Waived
Tags: administrative-remedy bivens-claim civil-procedure civil-rights due-process judicial-remedy retaliatory-conduct section-1983 section-1985 sex-discrimination standing
Key Terms:
SocialSecurity FirstAmendment Takings Securities EmploymentDiscrimina
Latest Conference: 2020-04-24
Question Presented (AI Summary)

Whether Mr. Ybarra's Bivens claim has no administrative remedy and should not be construed to preclude a judicial remedy

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Mr. Ybarra’s Bivens claim has no administrative remedy and should not be construed to preclude a juridical remedy. 2. Mr. Ybarra’s Section 1983 claim indicates a reasonable inference that the “negative information” complained of includes Mr. Ybarra’s previous testimony. 3. Mr. Ybarra’s Section 1985(3) claim is not specifically precluded by existing authority and Mr. Ybarra’s experienced invidious discriminatory animus towards his sex. 4. Mr. Ybarra’s sex discrimination claim can be proven by circumstantial evidence.

Docket Entries

2020-04-27
Petition DENIED.
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-04-02
Waiver of right of respondents Texas Health and Human Services, Commission, et al. to respond filed.
2020-04-01
Waiver of right of federal respondents to respond filed.
2019-11-21
Petition for a writ of certiorari filed. (Response due April 27, 2020)

Attorneys

Jonas Ybarra
Edward A. Stapleton III — Petitioner
Texas Health and Human Services, Commission, et al.
Benjamin LylesOffice of the Attorney General, Respondent
United States
Noel J. FranciscoSolicitor General, Respondent