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Gregory Clark v. Austin Clark

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-1324 · judgment June 13, 2019

Certiorari denied · December 9, 2019
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. During a voluntary interaction in which the subject hands a police officer his ID, if the officer runs the subject is it an unconstitutional seizure?

  2. During a voluntary interaction (or at best a Terry Stop) in which the subject puts his hands out the window of his car, if the officer raises his gun and points it at the subject is it excessive force?

Counsel of record

For petitioner
W. Bevis Schock
Attorney at Law

For respondent
Portia C. Kayser
Fisher Patterson Sayler & Smith

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 09 2019
    Petition DENIED.
  2. Nov 13 2019
    DISTRIBUTED for Conference of 12/6/2019.
  3. Nov 05 2019
    Waiver of right of respondent Austin Clark to respond filed.
  4. Oct 02 2019
    Petition for a writ of certiorari filed. (Response due November 4, 2019)