In orders issued today, the U.S. Supreme Court denied petitions for certiorari in two cases CCL had won in the courts below. The orders effectively ended both cases.

     In Griffen v. Kemp, an Arkansas trial judge sued the state supreme court and each of its justices in federal court asserting that an order of recusal constituted a violation of his constitutional rights, including a right to preside over cases within his court's jurisdiction. CCL represented the Arkansas Supreme Court and three of its justices, but took the lead in the briefing on behalf of all the justices as the case developed. The District Court dismissed the complaint against the Arkansas Supreme Court, but allowed the case to continue against the individual justices. CCL then sought a writ of mandamus from the U.S. Court of Appeals for the Eighth Circuit, asking that the entire case be dismissed. The writ was granted and dismissal was ordered. The trial judge plaintiff then sought a writ of certiorari, asking the U,S. Supreme Court to restore the action. That petition was denied in Tuesday's order.

     In Burmaster v. Herman, a military contractor brought a Section 1983 action against a private lawyer and private law firm, alleging that they controlled state action that deprived him of his constitutional rights. In the U.S. Court of Appeals for the Seventh Circuit, CCL argued that the action was subject to dismissal on multiple grounds, including failing to state a cause of action because there was no credible allegation that the private defendants could control state action and because the plaintiff's prosecution by the U.S. Attorney's Office was a federal action that does not implicate Section 1983. In addition, CCL argued that the case, brought in the Eastern District of Wisconsin, did not have any connection to the allegations or defendants, all of which were in Louisiana. The Seventh Circuit ruled simply that the courts lacked jurisdiction. The denial of certiorari by the Supreme Court ends that action.