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Amy Everett v. Cobb County, Georgia, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-14337 · judgment August 21, 2020


Certiorari denied · June 7, 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

  1. In the face of clear law, under Reno v. ACLU and traditional categories of unprotected speech, was it error to treat Everett’s emails, which she created in Alabama that assert a claim of right to protect her marriage and the institution of marriage, as phone conduct, and to make a new category of unprotected speech of “harassing emails,” to legitimize Everette’s arrest and prosecution under O.C.G.A. § 16-11-39.1?

  2. Was it error to grant summary judgment to Respondent Cobb County on the claim asserting a custom and practice of causing arrests for citizens’ failure to comply with Cease-and-Desist orders issued under the unfettered discretion of Cobb police officers by requiring evidence of specific other cases?

  3. Was it error to grant summary judgment on the merits and qualified immunity to Ofc. Hopkins, individually and in his official capacity, as to Everett’s federal malicious prosecution claim, arising from Hopkins falsification of material facts for the warrant, his unfettered abuse of the Cease-and-Desist custom, and failing to stop the arrest when he could have?

  4. Was it error to find that the complaint did not plausibly show that Respondent Miller acted under color of law by withholding the truth from Ofc. Hopkins that she had engaged in an adulterous affair, as one of the multiple causes of the challenged arrest and malicious prosecution?

Counsel of record

For petitioner
John P. Batson
Attorney at Law

For respondent
Laura Joan Murphree
Cobb County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 07 2021
    Petition DENIED.
  2. May 18 2021
    DISTRIBUTED for Conference of 6/3/2021.
  3. May 03 2021
    Waiver of right of respondent Lani Miller to respond filed.
  4. Apr 12 2021
    Waiver of right of respondents Cobb County, Georgia and James W. Hopkins to respond filed.
  5. Mar 29 2021
    Petition for a writ of certiorari filed. (Response due May 3, 2021)