No. 19-1262

Steven Eric Greer v. Dennis Mehiel, et al.

Lower Court: Second Circuit
Docketed: 2020-04-30
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights final-policymaking-authority first-amendment government-entity government-liability monell monell-claim monell-v-department-of-social-services petition press probable-cause retaliation retaliation-claim rule-60-motion
Key Terms:
FirstAmendment
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Did the lower courts misapprehend Lozman v. City of Riviera Beach, Fla. and Greer v. Mehiel?

Question Presented (OCR Extract)

Questions Presented The Lozman question Did the lower courts misapprehend, then ignore completely on appeal, Lozman v. City of Riviera Beach, Fla., 13 8 S. Ct. 1945 (2018) in denying the Rule 60 motion and appeal? Was Greer v Mehiel indeed remarkably similar to Lozman, and therefore the probable cause defense should not have defeated the two First Amendment retaliation claims (i.e. that Greer’s rights to petition and to report in the press were violated as well as being retaliated against via eviction)? The Monell question Respondent Dennis Mehiel, who was both the CEO and Chair of the Board of the Battery Park City Authority “BPCA”) at the time, was considered by the lower courts as not having “final policymaking authority’? Did the lower courts misapprehend ~ Monell v. Dept. of Soc. Srves. of the City of NY, 486 U.S. 658 (1978) and set a dangerous precedent making it virtually impossible for a citizen to sue a government agency unless the board meets and publicly agrees to violate a constitutional right? Related, if an individual respondent is removed during early stages of motion to dismiss, as Mr. Mehiel was in this case, but then later admits under oath to the acts that violated the First Amendment, should the courts ignore that evidence? ae Rab

Docket Entries

2020-09-11
Rehearing DENIED.
2020-08-20
DISTRIBUTED.
2020-07-17
Petition for Rehearing filed.
2020-06-22
Petition DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-06-01
Waiver of right of respondents Dennis Mehiel, et al. to respond filed.
2020-05-29
Application (19A1049) denied by Justice Ginsburg.
2020-05-29
Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2020, for all respondents.
2020-05-28
Application (19A1049) for reconsideration of Clerk's action extending the time to file a response to the petition for a writ of certiorari, submitted to Justice Ginsburg.
2020-05-27
Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2020.
2020-05-27
Motion of respondents Dennis Mehiel and Robert Serpico to extend the time to file a response from June 1, 2020 to July 1, 2020, submitted to The Clerk.
2020-05-26
Motion to extend the time to file a response from June 1, 2020 to July 1, 2020, submitted to The Clerk.
2020-04-21
Petition for a writ of certiorari filed. (Response due June 1, 2020)

Attorneys

Dennis Mehiel and Robert Serpico
Pamela Anne BresnahanVorys, Sater, Seymour and Pease LLP, Respondent
Steven E. Greer
Steven E. Greer — Petitioner
Steven E. Greer — Petitioner
The Battery Park City Authority
Pamela Anne BresnahanVorys, Sater, Seymour and Pease LLP, Respondent
Pamela Anne BresnahanVorys, Sater, Seymour and Pease LLP, Respondent