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John Cottam v. Douglas Pelton

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-10094 · judgment September 10, 2018


Certiorari denied · April 22, 2019
Pre-decision estimate: 0% cert probability

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

Question presented

This case highlights the significant extent of protection of law enforcement officers engagecl in criminal activi t ies against innocent citizens. If left stand. the rulings of the lower courts will not only entrench, but greatiy expand an already pervasive culture of corrupt..on: One SO deep that police themselves are the ones who coined the term "testiing". The well documented criminal fabrication of a felony charge of eluding (car chase) against an innocent citizen has been protected at all levels of law enforcement in the State of Florida. This protection, in this case, so far, extends fully to the Eleventh Circuit. The question here is: Whether items of evidence showing a law enforcement official fabricated multiple components of a felony charge against a citizen are "material" in terms of rule 56 relative to a false arrest complaint, and if so, does this preclude summar judgment per Federal rule 56. Whether the presence, or not, of any actual "probable cause" in a fahrcati.on case is a factual matter, requiring understanding of the totality of the case, and therefore a function of the trier of facts (jury), not the Federal Judge.

Counsel of record

For petitioner
John Cottam

For respondent
Dale Alan Scott
Bell & Roper, P.A.

Case

Conference history
Distributed for 1 conference

Linked docket
18A550

Proceedings

  1. Apr 22 2019
    Petition DENIED.
  2. Apr 02 2019
    DISTRIBUTED for Conference of 4/18/2019.
  3. Mar 26 2019
    Reply of petitioner John Cottam filed.
  4. Mar 14 2019
    Brief of respondent Douglas Pelton in opposition filed.
  5. Feb 05 2019
    Petition for a writ of certiorari filed. (Response due March 15, 2019)
  6. Nov 28 2018
    Application (18A550) granted by Justice Thomas extending the time to file until February 7, 2019.
  7. Nov 15 2018
    Application (18A550) to extend the time to file a petition for a writ of certiorari from December 9, 2018 to February 7, 2019, submitted to Justice Thomas.