Supreme Court of the United States · Official docket →
Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-60335 · judgment April 12, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
A search of a medical clinic pursuant to an ad ministrative search warrant that resulted in the doctor being detained for three to four hours under circumstances found by the district court to constitute an arrest. During that time, an investigator, who is a peace officer under state law with the power to make arrests without warrant for a crime committed in his presence, pushed the doctor down, drew his gun multi ple times, and limited the doctor’s movement and ac cess to facilities such as the restroom. The issues are (1) whether these allegations es tablish a clearly defined Fourth Amendment violation, namely an arrest made without probable cause and the intrusive detention, such that the investigator may not rely upon a qualified immunity defense; and (2) whether the Fifth Circuit violated the standard of review for a judgment on the pleadings and holding in Tolan v. Cotton, 572 U.S. 650, 660 (2014) (per curiam) “by weighing the evidence and reaching factual infer ences contrary to [petitioner’s] competent evidence” in determining whether the investigator’s “actions vio lated clearly established law.”
Counsel of record
For petitioner
Ikechukwu Hyginus Okorie
For respondent
—
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 15 2019Petition DENIED.
- Sep 25 2019DISTRIBUTED for Conference of 10/11/2019.
- Aug 07 2019Petition for a writ of certiorari filed. (Response due September 12, 2019)