Civil rights contract claims
King v. Foster
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Shannon King and others ask whether a plaintiff may sue an official who was not a party to a contract for interfering with contract rights, and whether qualified immunity (legal protection for officials) can be overcome only if the official’s personal liability was clearly established at the time.
- What's at stake
- For King and the other petitioners, it remains unresolved whether they can sue a non-contracting official under Section 1981 and what they must show to overcome qualified immunity.
Summary: written with AI from the case record.
What it's about
The Supreme Court has distributed the petition for a conference but has not agreed to hear the case.
The case comes from the Eleventh Circuit Court of Appeals.
Question presented
1. Whether a plaintiff may bring a claim under 42 U.S.C. § 1981 premised on the “impairment” of the right “to make and enforce contracts” against a non-contracting defendant. 2. Whether, to overcome qualified immunity, a plaintiff must show that the official’s personal liability was clearly established at the time of the alleged misconduct.
What happens next
The Court must decide whether to hear the petition. It has been distributed for a Dec. 4, 2026 conference, but that is not a promised decision date.
Documents
Docket activity
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AI analysis generated: Case Briefing
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Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Brief added: Petition
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.