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Scott Fulford, et al. v. George Wingate

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1700 · judgment February 5, 2021


Certiorari denied · October 4, 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

: The Fourth Amendment requires that a Terry stop be supported by some minimal level of objective justification for the stop. In conducting a Fourth Amendment Terry stop analysis, an officer must point to reasonable articulable suspicion to believe that criminal activity may be afoot.

  1. In conducting this totality of the circumstances analysis, may seemingly innocent factors be eliminated from the aggregate evaluation, and what level of deference is owed to law enforcement officers due to their experience and specialized training?

  2. Should qualified immunity continue to protect law enforcement officers from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would have known?

Counsel of record

For petitioner
Alexander Francuzenko
Cook Craig & Francuzenko

For respondent

Case

Conference history
Distributed for 1 conference

Related
Vide, 20-1629

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 21 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 01 2021
    Petition for a writ of certiorari filed. (Response due July 6, 2021)