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Robert H. Wright, Jr. v. Jerald Watson, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-14223 · judgment July 11, 2018


Certiorari denied · March 18, 2019
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. Is a malicious prosecution claim under the Fourth Amendment and Manuel v. City of Joliet, 137 S. Ct. 9112 (2017) the proper civil remedy for an “overcharge” prosecution where a suspect is lawfully arrested for a trivial misdemeanor but is also subjected to piled-on felony charges in an attempt to pressure him into a guilty plea and financial settlement of a civil forfeiture action in which the proceeds go to the arresting agency, when both the felony prosecution and civil forfeiture are based on the knowingly false statements of a police investigator?

  2. Does a Fourth Amendment malicious prosecution claim arise when a police investigator knowingly overcharges a rural property owner with felony drug manufacturing to leverage an abusive civil forfeiture proceeding – which requires a seizure of at least four ounces of marijuana from the suspect’s property – when there is only probable cause to charge him with constructive possession of less than one-third of an ounce of marijuana found on the property and there is no probable cause that he has anything to do with an inconspicuous patch of marijuana plants growing outside his fence on a neighbor’s land, thereby causing great damage to his reputation and resulting in his termination as treasurer of a large corporation which has employed him for 35 years?

Counsel of record

For petitioner
Craig Thomas Jones

For respondent
Kenneth Drew Jones
Hall, Booth, Smith & Slover

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 08 2019
    Brief of respondent Jerald Watson in opposition filed.
  4. Dec 28 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2019.
  5. Dec 27 2018
    Motion to extend the time to file a response from January 10, 2019 to February 8, 2019, submitted to The Clerk.
  6. Dec 11 2018
    Response Requested. (Due January 10, 2019)
  7. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  8. Nov 26 2018
    Waiver of right of respondents Jerald Watson, et al. to respond filed.
  9. Nov 06 2018
    Waiver of Jerald Watson of right to respond not accepted for filing. (November 27, 2018 - Waiver was corrected and resubmitted)
  10. Oct 31 2018
    Petition for a writ of certiorari filed. (Response due December 3, 2018)