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Kenneth Sealey, et al. v. J. Duane Gilliam, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1366, 18-1402 · judgment July 30, 2019


Certiorari denied · April 6, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below, and down for a petition filed soon after the judgment below.

Questions presented

The questions presented here are:

  1. Did the Fourth Circuit err in holding that District Courts are not required to properly apply the qualified immunity analysis as to each officer and each claim at the Rule 56 summary judgment stage?

  2. Did the Fourth Circuit err in holding that in cases where the qualified immunity defense is properly raised and argued, a District Court may nevertheless refuse to rule, at the summary judgment stage, on each individual officer’s entitlement to qualified immunity as to each claim?

  3. Did the Fourth Circuit err in holding that a District Court need not rule on an individual officer’s entitlement to qualified immunity at the Rule 56 summary judgment stage if the Court deems the facts to be “convoluted?”

  4. Did the Fourth Circuit err in holding that a District Court need not rule on individual officer’s entitlement to summary judgment at the Rule 56 summary judgment stage if Plaintiffs simply make an allegation that officers “acted in concert to violate their constitutional rights?” In this case, the defendants Kenneth Sealey and Robert E. Price, as Administrator C.T.A. of the

Counsel of record

For petitioner
James Redfern Morgan Jr.
Womble Bond Dickinson (US) LL P

For respondent
Catherine Emily Stetson
Hogan Lovells US LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 06 2020
    Petition DENIED.
  2. Mar 18 2020
    DISTRIBUTED for Conference of 4/3/2020.
  3. Mar 13 2020
    Reply of petitioners Kenneth Sealey, et al. filed.
  4. Mar 02 2020
    Brief of respondents Gilliam, J., et al. in opposition filed.
  5. Jan 22 2020
    Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2020.
  6. Jan 21 2020
    Motion to extend the time to file a response from February 10, 2020 to March 2, 2020, submitted to The Clerk.
  7. Jan 10 2020
    Response Requested. (Due February 10, 2020)
  8. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  9. Dec 16 2019
    Waiver of right of respondent Gilliam, J., et al. to respond filed.
  10. Nov 22 2019
    Petition for a writ of certiorari filed. (Response due December 26, 2019)