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Wadith Stockinger Nader, et ux. v. City of Papillion, Nebraska, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-1402 · judgment March 8, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Can an unverified tip which was the basis for a lawful search, and which was disproved during the course of the lawful search, by itself constitute sufficient probable cause to make an arrest?

  2. Did the Eighth Circuit improperly apply the totality of the circumstances test in making a determination that arguable probable cause existed? Illinois v. Gates, 462 U.S. 213 (1983)?

  3. Did the Eighth Circuit improperly expand the doctrine of absolute immunity in contradiction of Van de Kamp v. Goldstein, 555 U.S. 335, 343 (2009); Buckley v. Fitzsimmons, 509 U.S. 259 (1993)?

Counsel of record

For petitioner
Christopher J. Tjaden
Evans & Dixon, LLC

For respondent
Brandy Rae Johnson
Governmental Law, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 28 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 31 2019
    Waiver of right of respondents Sarpy County, NE; L. Kenneth Polikov; Jennifer Miralles to respond filed.
  4. Jul 30 2019
    Waiver of right of respondents The City of Papillion; Bryan Svajgl; Scott Lyons & Benjamin Iversen to respond filed.
  5. Jul 15 2019
    Petition for a writ of certiorari filed. (Response due August 16, 2019)