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Woodston Maddox v. Andrea Miller

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-5021 · judgment August 3, 2017


Certiorari denied · June 11, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a person who was arrested and booked, but never actually confined in jail or subjected to substantial pretrial restrictions, suffers a deprivation of liberty sufficient to state a Fourth Amendment “malicious prosecution” claim against the arresting police officer.

  2. Whether a person who is indicted on multiple charges, including a charge not brought by the arresting officer, can prevail on a Fourth Amendment “malicious prosecution” claim against that officer when there is no record of what was presented to the grand jury, and the officer’s role in the “prosecution” consisted only of the arrest itself and associated testimonial actions.

  3. Whether an officer is entitled to qualified immunity for a Fourth Amendment “malicious prosecution” claim when this Court has never expressly recognized the existence of such a claim or defined its potential parameters, the circuits are split as to what can constitute a “seizure” that would support such a claim if indeed it does exist, and the Sixth Circuit has never previously held that a “malicious prosecution” claim was viable in a case with similar facts to those presented here.

Counsel of record

For petitioner
Keli J. Oliver
Department of Law of the Metropolitian Government

For respondent
Paul Whitfield Hughes
McDermott Will & Emery

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 11 2018
    Petition DENIED.
  2. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  3. May 16 2018
    Reply of petitioner Woodston Maddox filed.
  4. May 02 2018
    Brief of respondent Andrea Miller in opposition filed.
  5. Mar 27 2018
    Motion to extend the time to file a response from April 2, 2018 to May 2, 2018, submitted to The Clerk.
  6. Mar 27 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2018.
  7. Mar 01 2018
    Response Requested. (Due April 2, 2018)
  8. Feb 28 2018
    DISTRIBUTED for Conference of 3/16/2018.
  9. Feb 22 2018
    Waiver of right of respondent Andrea Miller to respond filed.
  10. Feb 06 2018
    Petition for a writ of certiorari filed. (Response due March 12, 2018)