No. 19-987

H. Stephens Winters, Judge, District Court of Louisiana, 4th Judicial District, et al. v. Stanley R. Palowsky, III, Individually and On Behalf of Alternative Environmental Solutions, Inc.

Lower Court: Louisiana
Docketed: 2020-02-06
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 28-usc-1257a administrative-function case-pending federal-law forrester-v-white judicial-immunity record-destruction state-court state-law
Key Terms:
ERISA JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Does Louisiana Supreme Court have jurisdiction to review judicial immunity under federal law?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. This Court is the final arbiter of the content of federal law. Louisiana has adopted the federal law of judicial immunity as its own state law and views decisions of this Court as authoritative. Does this Court have jurisdiction under 28 U.S.C. § 1257(a) to review a decision of the Louisiana Supreme Court applying the substance of federal law to determine whether state court judges are entitled to judicial immunity? 2. In Forrester v. White, 484 U.S. 219 (1988), this Court held that judicial immunity does not apply where a judge performs an administrative function. Appellate (and trial) courts have consistently held that this exception does not apply to acts performed in connection with pending cases. Here, a litigant alleges that he was disadvantaged in his pending case because the defendant judges aided or concealed a law clerk’s destruction of court records. Does judicial immunity apply? u RULE 14(b) STATEMENT The parties in the Louisiana Supreme Court were: Judge H. Stephens Winters, Judge Carl V. Sharp, Judge Benjamin Jones, Judge J. Wilson Rambo, Judge Frederic C. Amman, and Allyson Campbell, as respondents, and Stanley R. Palowsky, III, individually and on behalf of Alternative Environmental Solutions, Inc., as applicantplaintiff. The following is a list of all directly

Docket Entries

2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-04
Waiver of right of respondent Stanley Palowsky, III, et al. to respond filed.
2020-02-03
Petition for a writ of certiorari filed. (Response due March 9, 2020)
2019-11-26
Application (19A593) granted by Justice Alito extending the time to file until February 3, 2020.
2019-11-22
Application (19A593) to extend the time to file a petition for a writ of certiorari from December 5, 2019 to February 3, 2020, submitted to Justice Alito.

Attorneys

H. Stephens Winters, et al.
Richard A. SimpsonWiley Rein, LLP, Petitioner
Richard A. SimpsonWiley Rein, LLP, Petitioner
Stanley Palowsky, III, et al.
Joseph Richard Ward Jr.Ward & Condrey, LLC, Respondent
Joseph Richard Ward Jr.Ward & Condrey, LLC, Respondent