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Stephen B. McKinney v. Felicia Harkness Dean, Guardian and Conservator for and on Behalf of Janel Harkness, an Incapacitated Adult

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1383 · judgment October 2, 2020

Certiorari denied · June 21, 2021

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

Did the Circuit Court of Appeals err in failing to apply the Parratt-Hudson doctrine to the Respondent’s substantive due process claim?
Did the Circuit Court of Appeals err in denying Petitioner’s qualified immunity defense by applying the “deliberate indifference” standard rather than the “intent to harm” standard and by finding that the Petitioner’s conduct violated “clearly established” law in the absence of authority that would have given the officer “fair notice” that his conduct was unconstitutional?

For petitioner
Andrew Frederick Lindemann
Lindemann Law Firm, P.A.

For respondent
Jordan Christopher Calloway
McGowan, Hood & Felder LLC

Conference history
Distributed for 1 conference

Jun 21 2021
Petition DENIED.
Jun 01 2021
DISTRIBUTED for Conference of 6/17/2021.
May 12 2021
Brief of respondent Felicia Dean in opposition filed.
Apr 05 2021
Motion to extend the time to file a response is granted and the time is extended to and including May 14, 2021.
Apr 02 2021
Motion to extend the time to file a response from April 14, 2021 to May 14, 2021, submitted to The Clerk.
Mar 11 2021
Petition for a writ of certiorari filed. (Response due April 14, 2021)