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Carlin Robinson, Individually, as Guardian and Next Friend of I. Y., M. Y., and A. Y., and as Personal Representative of the Estate of Veronica Williams, Deceased, et al. v. Daniel A. Lioi, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1848, 17-1857 · judgment July 16, 2019
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.
Questions presented
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Which of the widely divergent approaches amongst the circuit courts of appeal, if any, appropriately applies the doctrine arising from this Court’s precedent establishing an exception to the general rule that no due process liability exists for harms caused by third parties?
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Does a state‐created danger exist where police officers affirmatively released a violent offender from a locked and secured portion of the police station with full knowledge of a warrant for his arrest, and helped the man to remain free, providing him the opportunity to murder his wife and unborn child?
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Does the doctrine of qualified immunity shield police officers where the state‐created danger doctrine is clearly established in the Fourth Circuit, the officers’ conduct constituted such an obvious violation as to warrant denial of immunity even in the absence of prior precedent, and the Fourth’s Circuit rigid adherence to prior precedent would necessarily deny all possible state‐created danger claims, as no prior precedent involving a successful state‐created danger claim currently exists in the Fourth Circuit?
Counsel of record
For petitioner
Cary Johnson Hansel III
Hansel Law, P.C.
For respondent
Michael Patrick Redmond
Baltimore City Law Department
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 24 2020Petition DENIED.
- Jan 15 2020DISTRIBUTED for Conference of 2/21/2020.
- Jan 07 2020Waiver of right of respondent Daniel Lioi, et al. to respond filed.
- Dec 17 2019Petition for a writ of certiorari filed. (Response due January 22, 2020)