WILLIAM C. BRYSON
Acting Solicitor GeneralSTUART E. SCHIFFER
Acting Assistant Attorney GeneralBARBARA C. BIDDLE
DOUGLAS ROSS
Attorneys
Department of Justice
Washington. D.C. 20530
(202) 514-2217
WILLIAM THOMAS, PETITIONER
v.
RONALD REAGAN, ET AL.
WILLIAM THOMAS, Petitioner, v. RONALD REAGAN, ET AL., Respondants
WILLIAM THOMAS
2817 llTH STREET, N.W.
NO. B
WASHINGTON, D.C. 20001April 22, 1993
WILLIAM C. BRYSON
Acting Solicitor General
"failed to demonstrate the existence of a conspiracy" under the heightened pleading standard for suits against federal officers. Pet. App. 16; see Martin v. Malhoyt, 830 F.2d 237, 257 (D.C. Cir. 1987).
1/ Petitioner does not challenge the lower courts' use of the heightened pleading standard or contend that the heightened pleading standard in qualified immunity cases is inconsistent with the Federal Rules of Civil Procedure. See, e.g., Pet. 14 ("The Heightened Pleading Standard Was Met."). Thus, this case presents no occasion for this Court to consider that issue, which the Court has not as yet resolved. See Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 113 S. Ct. 1160, 1162 (1993) ("no occasion to consider whether our qualified immunity jurisprudence would require a heightened pleading in cases involving individual government officials"); cf. Gov't Br. in Opposition in Jones v. Stephens, No. 92-6874 (filed Apr. 15, 1993).
Respectfully submitted.
WILLIAM C. BRYSON
Acting Solicitor GeneralSTUART E. SCHIFFER
Acting Assistant Attorney GeneralBARBARA C. BIDDLE
DOUGLAS ROSS
AttorneysAPRIL 1993