Supreme Court of the United States · Official docket →
Estate of Adriano Roman, Jr. v. City of Newark, New Jersey, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 17-2302 · judgment January 29, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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42 U.S.C. § 1983 incorporates fundamental concepts of tort law. A fundamental concept of tort law is joint and several liability, which shifts the burden to plausible joint tortfeasors to apportion their own fault and liability. Do pleadings under 42 U.S.C. § 1983 incorporate joint and several liability?
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If so, where a plaintiff pleads that multiple police officers began a warrantless and unconstitutional search of premises as a group, and pleads that a state criminal court has already held that the search was unconstitutional at its inception, has the plaintiff adequately pled a Fourth Amendment violation against the officers, such that the plaintiff need not identify the actions of each officer during the search, which are unknowable because the plaintiff was face-down and handcuffed on the floor?
Counsel of record
For petitioner
Justin Daniel Santagata
Kaufman Semeraro & Leibman, LLP
For respondent
Wilson David Antoine II
City of Newark - Law Department
Proceedings
- Oct 07 2019Petition DENIED.
- Jul 17 2019DISTRIBUTED for Conference of 10/1/2019.
- Jun 28 2019Supplemental brief of petitioner The Estate of Adriano Roman Jr. filed.
- May 21 2019Brief of respondents City of Newark, et al. in opposition filed.
- Apr 26 2019Petition for a writ of certiorari filed. (Response due May 30, 2019)