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Andrew McKinley v. Christopher Lee-Murray Bey

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-1285, 18-1376 · judgment January 6, 2020


Dismissed · September 17, 2020
Pre-decision estimate: 1% cert probability

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

Question presented

Question 1 Does the Equal Protection clause require an officer who initiated a pre-contact investigation for non-race related reasons to break off the investigation upon discovering the subject is a member of a different race? Question 2 Does the limited appellate jurisdiction of a qualified immunity appeal prevent review of whether a Plaintiff has proffered sufficient statistical evidence to sustain a claim of indirect race based discrimination? Question 3 Have law enforcement officers in the Sixth Circuit lost the qualified immunity protection to be reasonably mistaken in making Fourth Amendment determinations as to the Constitutional propriety of initiating a stop for an investigatory detention afforded to officers in the other circuits?

Counsel of record

For petitioner
Eric Scofield Goldstein
Assistant City Attorney

For respondent
Joel B. Sklar
Joel B. Sklar, Attorney at Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 17 2020
    Petition Dismissed - Rule 46.
  2. Sep 10 2020
    Joint motion to dismiss the petition for a writ of certiorari pursuant Rule 46 filed.
  3. Jul 01 2020
    DISTRIBUTED for Conference of 9/29/2020.
  4. Jun 25 2020
    Waiver of right of respondent Christopher Lee-Murray Bey to respond filed.
  5. Jun 10 2020
    Petition for a writ of certiorari filed. (Response due July 16, 2020)