No. 19-730

DeRay McKesson v. John Doe

Lower Court: Fifth Circuit
Docketed: 2019-12-10
Status: Dismissed
Type: Paid
Amici (1) Experienced Counsel
Tags: civil-rights demonstration-law first-amendment free-speech NAACP-v-claiborne-hardware negligence negligence-action protest protest-leader protest-liability standing state-law unidentified-perpetrator
Key Terms:
AdministrativeLaw FirstAmendment Patent Privacy JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether the First Amendment and NAACP v. Claiborne Hardware Co. foreclose a state law negligence action against a protest leader for injuries caused by an unidentified person's violent act when the leader did not authorize, direct, or ratify the violence

Question Presented (OCR Extract)

QUESTION PRESENTED Do the First Amendment and this Court’s decision in NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982), foreclose a state law negligence action making a “leader” of a protest demonstration personally liable in damages for injuries inflicted by an unidentified person’s violent act there, when it is undisputed that the leader neither authorized, directed, nor ratified the perpetrator’s act, nor engaged in or incited violence of any kind? ii CERTIFICATE OF PARTIES, PROCEDINGS AND RELATED CASES In addition to the parties on the caption, Black Lives Matter Network, Inc., was a party to the proceedings before the Court of Appeals but does not join this petition. PROCEEDINGS Doe v. Mckesson, U.S. District Court for the Middle District of Louisiana, Civ. Action No. 16—00742-BAJ—RLB. Judgment entered September 28, 2017; and Doe v. Mckesson, U.S. Court of Appeals for the Fifth Circuit, No. 17-30864. Judgment entered August 8, 2019

Docket Entries

2020-03-23
Petition Dismissed - Rule 46.
2020-03-04
Motion to dismiss the petition for a writ of certiorari under Rule 46.2 filed.
2020-01-08
Brief amicus curiae of National Police Association filed.
2019-12-06
Petition for a writ of certiorari filed. (Response due January 9, 2020)
2019-10-25
Application (19A458) to extend the time to file a petition for a writ of certiorari from November 6, 2019 to December 6, 2019, submitted to Justice Alito.
2019-10-25
Application (19A458) granted by Justice Alito extending the time to file until December 6, 2019.

Attorneys

DeRay McKesson
David Thomas GoldbergDonahue, Goldberg, Weaver & Littleton, LLP, Petitioner
David Thomas GoldbergDonahue, Goldberg, Weaver & Littleton, LLP, Petitioner
National Police Association
James Bopp Jr.The Bopp Law Firm, PC, Amicus
James Bopp Jr.The Bopp Law Firm, PC, Amicus