No. 20-1632

Patrick H. Stockdale, et al. v. Kim R. Helper

Lower Court: Sixth Circuit
Docketed: 2021-05-24
Status: Denied
Type: Paid
Tags: absolute-immunity clearly-established constitutional-rights first-amendment petition-clause public-employee qualified-immunity retaliation
Key Terms:
FirstAmendment
Latest Conference: 2021-09-27
Related Cases: 20-1806 (Vide)
Question Presented (AI Summary)

Whether the decisional law regarding retaliation under the Petition Clause of the First Amendment was clearly established to place a public official on notice that causing the termination of a public employee violated the Petitioner's First Amendment rights?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Two district court judges denied District Attorney General Kim Helper both absolute and qualified immunity for intentionally causing the Petitioners’ terminations in retaliation for exposing public corruption and for filing a lawsuit involving a matter of public concern. The Sixth Circuit affirmed the denial of absolute immunity to Gen. Helper, but reversed on qualified immunity. Petitioners present the following questions: 1. Whether the decisional law regarding retaliation under the Petition Clause of the First Amendment was clearly established to place a public official on notice that causing the termination of a public employee violated the Petitioner’s First Amendment rights? 2. Whether a prosecutor’s purported belief that she would be protected by absolute prosecutorial immunity after she retaliated against two police officers and intentionally caused their termination should have any bearing on whether the constitutional right in question was clearly established under existing law? i

Docket Entries

2021-10-04
Petition DENIED.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-06-21
Brief of respondent Kim R. Helper in opposition filed.
2021-05-20
Petition for a writ of certiorari filed. (Response due June 23, 2021)

Attorneys

Kim R. Helper
Joseph F. Whalen IIIAttorney general's Office, Respondent
Joseph F. Whalen IIIAttorney general's Office, Respondent
Patrick Stockdale, et al.
W. Gary BlackburnThe Blackburn Firm, PLLC, Petitioner
W. Gary BlackburnThe Blackburn Firm, PLLC, Petitioner