Geoffrey Gray, et al. v. Washington State Department of Transportation, et al.
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Should this Court grant certiorari to correct errors by the Court of Appeals regarding Ex Parte Young claims, complaint amendment opportunities, and consideration of precedent against qualified immunity defenses?
1. Should this Court grant certiorari to correct the error of the Court of Appeals below, where the Court of Appeals, contrary to binding authority of this Court and contrary to the jurisprudence of other Circuit Courts of bar an Ex Parte Young claim for prospective injunctive Yes. 2. To the extent that the Court of Appeals below went against the consensus holdings of other Courts of Appeals, by failing to give the plaintiffs below any opportunity to amend their complaint to cure the defects noted in its Memorandum Opinion, should this Court grant certiorari to bring the Ninth Circuit back into harmony Yes. 3. Should this Court grant certiorari to correct the error of the Court of Appeals below, where the Court of Appeals, contrary to binding authority of this Court, refused to consider precedent adduced by Petitioners Respondents’ qualified immunity affirmative GHIHQVH" Yes.