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David Thorpe v. Dexter Dumas, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-10089 · judgment September 17, 2019


Certiorari denied · October 5, 2020
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

A - Willis Burns v. Reed. 500 U.S 478 (1991) Supreme Court states "prosecutors have only qualified immunity for investigative acts. Buddy v. Fitzsimmons, 509 U.S. 259 (1993) when a prosecutor is alleged to have fabricated evidence, the prosecutor is engaged in an investigative task not a prosecutorial task. Kalina v. Fletcher, 522 U.S. 118 (1997) filling out and submitting the certificate or affidavit. This is investigative in nature and therefore, is protected by only qualified immunity. Imbler v. Pactmen 424 U.S. 409 (1976) the Supreme Court articulated distinction between absolute immunity for prosecutorial acts and qualified immunity for investigative or administrative acts ... Question 1. Whether a supervising Deputy District Attorney who assigned three (4) District Attorneys over a two-year period to a case that lacked probable cause (per discovery) to prosecute was entitled to absolute immunity under 42 U.S.C § 1983? Question 2. Whether the lower courts biaslv abused their discretion by intentionally mischaracterizing the duties of a supervising Deputy District Attorney? Question 3. Whether the 11th Circuit Court of Appeals Court with disturbing ease exploited their discretion by failing to mention the true context of the Petitioners statements. Said statement being “knew of exculpatory evidence and failed to act” by

Counsel of record

For petitioner
David Thorpe

For respondent
Reginald Charles Martin
City of Atlanta - Department of Law

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 11 2021
    Rehearing DENIED.
  2. Dec 02 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Oct 30 2020
    Petition for Rehearing filed.
  4. Oct 05 2020
    Petition DENIED.
  5. Jul 01 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Jun 11 2020
    Brief of respondent Dexter Dumas in opposition filed.
  7. Jan 21 2020
    Petition for a writ of certiorari filed. (Response due June 11, 2020)