No. 25-929

Joseph Sheely, et al. v. Harold R. Feezle, et al.

Lower Court: Sixth Circuit
Docketed: 2026-02-06
Status: Pending
Type: Paid
Response Waived
Tags: 6th-circuit appeal-bond appellate-procedure due-process equal-protection statutory-rights
Key Terms:
DueProcess FourthAmendment ClassAction JusticiabilityDoctri
Latest Conference: 2026-02-27
Question Presented (AI Summary)

Whether a district court's imposition of an appeal bond that inhibits appellants' pursuit of their statutory right of appeal, contrary to F.R.A.P. 7, is reviewable on motion in a pending appeal, and whether the 6th Circuit's dismissal of merits appeals for failure to post bond violates appellate precedent

Question Presented (from Petition)

I: Whether a district court’s imposition of an appeal bond for the express ed purpose of inhibiting appellants ’ pursuit of their statutory right of appeal , by factoring speculative or legally prohibited costs into determining the bond amount contrary to F.R.A.P. 7 , is reviewable on motion in the affected, pending appeal as an alternative to filing an entirely new appeal , where the 6th Circuit’s contrary reasoning create s both a split of authority among circuits and a dichotomy between the appellate rights of the wealthy and non -wealthy contrary to 5th and 14th Amendment equal protection principles . Issue II: Whether the 6th Circuit’s dismissal of Petitioners’ merits appeals for failure to file appeal bond, without providing Petitioners’ a reasonable opportunity to post bond after dismissing their separate bond appeal and denying reconsideration of their motions to eliminate bond, violated binding precedent s and was predicated on specious reasoning. .

Docket Entries

2026-02-11
DISTRIBUTED for Conference of 2/27/2026.
2026-02-10
Waiver of Harold R. Feezle, et al. of right to respond submitted.
2026-02-10
Waiver of Norfolk Southern Corporation; Norfolk Southern Railway Company of right to respond submitted.
2026-02-10
Waiver of right of respondent Harold R. Feezle, et al. to respond filed.
2026-02-10
Waiver of right of respondents Norfolk Southern Corporation; Norfolk Southern Railway Company to respond filed.
2026-02-02
Petition for a writ of certiorari filed. (Response due March 9, 2026)

Attorneys

Harold R. Feezle, et al.
Paul D. ClementClement & Murphy, PLLC, Respondent
Paul D. ClementClement & Murphy, PLLC, Respondent
Norfolk Southern Corporation; Norfolk Southern Railway Company
Alan Evan SchoenfeldWilmer, Cutler, Pickering, Hale and Dorr, LLP, Respondent
Alan Evan SchoenfeldWilmer, Cutler, Pickering, Hale and Dorr, LLP, Respondent
Rev. Joseph Sheely, et al.
Allan S. FalkAllan Falk, PC, Petitioner
Allan S. FalkAllan Falk, PC, Petitioner