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Paske v. Fitzgerald

Petition for certiorari denied on November 30, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
15-162 5th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether the rule in USPS Board of Governors v. Aikens applies to the evaluation of a discrimination claim at summary judgment; and (2) whether a plaintiff claiming discrimination is required to prove, as an element of a prima facie case, that he or she was treated less favorably than a “nearly identical” “similarly situated” individual who is not a member of the protected class, a Fifth Circuit requirement which courts have characterized as “stringent,” “strict,” and “demanding.”

DateProceedings and Orders (key to color coding)
Aug 3 2015Petition for a writ of certiorari filed. (Response due September 4, 2015)
Aug 21 2015Waiver of right of respondents Joel Fitzgerald, Individually and in His Official Capacity as Chief of Police of the City of Missouri City, Texas, et al. to respond filed.
Sep 2 2015DISTRIBUTED for Conference of September 28, 2015.
Sep 18 2015Response Requested . (Due October 19, 2015)
Oct 19 2015Brief of respondents Joel Fitzgerald, Individually and in His Official Capacity as Chief of Police of the City of Missouri City, Texas, et al. in opposition filed.
Nov 2 2015Reply of petitioner Peter J. Paske, Jr. filed.
Nov 4 2015DISTRIBUTED for Conference of November 24, 2015.
Nov 30 2015Petition DENIED.