Fleming v. United States of America
- Lin
- 3:22-cv-05082
- U.S. District Court · Northern District of California
- 1
Counsel of record per CourtListener. Firm names are approximate.
In Fleming v. United States, Judge Lin stayed Fleming’s Bivens claim pending Nielsen v. Watanabe and held Jusino’s motion to dismiss in abeyance.
Rhonda Fleming’s Bivens claim is paused; Thahesha Jusino’s motion to dismiss remains undecided, and the parties must file a joint status report after the Supreme Court’s decision.
What happened
In Rhonda Fleming v. United States of America, et al., Thahesha Jusino asked the court to pause Rhonda Fleming’s Bivens claim until the Supreme Court decides Nielsen v. Watanabe.
Fleming said a pause was unnecessary but agreed that the Supreme Court’s decision would affect the claim’s analysis. She did not oppose the pause if Jusino’s motion to dismiss also remained undecided and the pause did not limit discovery concerning her other claims.
Judge Rita F. Lin granted the motion to stay the Bivens claim, held Jusino’s motion to dismiss in abeyance, and ordered the parties to file a joint status report within 30 days after the Supreme Court decides Watanabe.
The detailed version
- Fleming v. United States of America · No. 3:22-cv-05082
- Lin
- Aug. 17, 2026
Background
Thahesha Jusino moved to stay Rhonda Fleming’s Bivens claim while the Supreme Court considers Nielsen v. Watanabe, No. 25-417. The Supreme Court had granted review in that case.
Parties’ Positions
Fleming did not believe a stay was necessary, but she agreed that the Supreme Court’s decision could affect the analysis of her Bivens claim. Fleming did not oppose the stay as long as Jusino’s pending motion to dismiss was held in abeyance and the stay did not limit Fleming’s ability to seek discovery concerning her non-Bivens claims.
Ruling
Judge Rita F. Lin granted the motion to stay Fleming’s Bivens claim. The court held Jusino’s motion to dismiss in abeyance because the Supreme Court’s decision could change the relevant analysis. The parties must file a joint status report within 30 days after the Supreme Court issues its decision in Watanabe. The order did not decide Jusino’s motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.