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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


Certiorari denied · October 15, 2019
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 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

  1. Oct 15 2019
    Petition DENIED.
  2. Sep 25 2019
    DISTRIBUTED for Conference of 10/11/2019.
  3. Aug 07 2019
    Petition for a writ of certiorari filed. (Response due September 12, 2019)