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Gary Dressler v. Bradford Rice, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-3850 · judgment June 28, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Question presented

Question I – Is an individual’s Second Amendment right to bear arms violated when he is told by a security guard he cannot open carry in a store and is arrested by police officers, when the State of Ohio has passed a law (O.R.C. §9.68) that declares the individual right to keep and bear arms is a constitutionally protected right in every part of Ohio and permits a person to open carry a firearm in any part of the state, except as specifically provided by law? Question II – Does probable cause exist to arrest an individual so as to entitle police officers qualified immunity, when the individual is a business invitee and legally open carrying a firearm, and when the police are shown that there is no sign prohibiting the individual from open carrying in the business? Question III – Can summary judgment be granted, when the facts show a conspiracy exists, when a private party gives false information to the police about a sign prohibiting firearms in a store, when that information is shown by a customer to the police to be false, and the security guard demands the police to arrest the customer, who is legally open carrying a firearm?

Counsel of record

For petitioner
Charles E. McFarland

For respondent
Marva Kinley Benjamin
City of Cincinnati Solicitor's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Dec 06 2018
    Waiver of right of respondents Safe Environment Business Solutions, Inc. and Bradfrod Rice to respond filed.
  4. Dec 03 2018
    Waiver of right of respondents The Kroger Co., Kroger Limited Partnership I, Larry Noschang and Pierce Bryant to respond filed.
  5. Dec 03 2018
    Waiver of right of respondent Jeffrey Zucker, Jerry W. Hodges, Interim Police Chief Paul H. Humphries, unknown John/Jane Does and City of Cincinnati to respond filed.
  6. Nov 28 2018
    Waiver of right of respondent Jeffrey Blackwell to respond filed.
  7. Nov 02 2018
    Petition for a writ of certiorari filed. (Response due December 6, 2018)