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Mynor Abdiel Tun-Cos, et al. v. B. Perrotte, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1451 · judgment April 26, 2019

Certiorari denied · March 30, 2020
Pre-decision estimate: 2% cert probability

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

Question presented

Whether victims of an unconstitutional search and seizure, who were subjected to a home raid and detention without a warrant or suspicion, by law enforcement agents of Immigration and Customs Enforcement acting in contravention of both agency policy and clearly established constitutional rights, may bring a civil action against those rogue agents under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971).

Counsel of record

For petitioner
David Meir Zionts
Covington & Burlington LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 30 2020
    Petition DENIED.
  2. Mar 11 2020
    DISTRIBUTED for Conference of 3/27/2020.
  3. Mar 10 2020
    Reply of petitioners Mynor Abdiel Tun-Cos, et al. filed. (Distributed)
  4. Feb 21 2020
    Brief of respondents B. Perrotte, et al. in opposition filed.
  5. Jan 10 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including February 21, 2020.
  6. Jan 09 2020
    Motion to extend the time to file a response from January 22, 2020 to February 21, 2020, submitted to The Clerk.
  7. Dec 18 2019
    Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2020.
  8. Dec 17 2019
    Motion to extend the time to file a response from December 23, 2019 to January 22, 2020, submitted to The Clerk.
  9. Nov 20 2019
    Petition for a writ of certiorari filed. (Response due December 23, 2019)