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Rita Stanback, et al. v. Ginny Humphrey, as Parent and Legal Guardian of Minor Child, O. H., et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-6111, 18-6112, 18-6113, 18-6115 · judgment February 4, 2020


Certiorari denied · October 19, 2020
Pre-decision estimate: 4% cert probability

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 Sixth Circuit decision below.

Question presented

Millington Reserve Officer Rickie Friar allegedly sexually abused Plaintiffs’ minor children while he was babysitting them at his house between May, 2013 and August, 2015. During this time, a YMCA employee or his parent allegedly reported to the Millington Police Department that Friar had taken pictures of minor children at a YMCA pool, and the step-grandmother of one of Respondents’ minor children allegedly asked a lieutenant at the department to investigate Friar’s background to assuage her suspicions of possible pedophilia. An unidentified reserve officer allegedly told Interim Chief Rita Stanback (2012-2014) and Chief Frank Tennant (2014-2015) that Friar should be investigated because he had heard from an unidentified chief deputy with the Shelby County Sheriff’s Office that Friar had been terminated from the Shelby County Sheriff’s Office more than 30 years earlier for sexual misconduct with young girls and allegedly told Interim Chief Stanback and Chief Tennant that he had personally observed Friar engage in “improper conduct towards young female children while on duty.” The question presented is: Whether the Sixth Circuit contradicted a fundamental principle of this Court’s qualified immunity precedent when it denied qualified immunity to Petitioners on the grounds that their challenged conduct violated clearly established law and premised its determination solely upon cases that were decided after Petitioners’ challenged conduct?

Counsel of record

For petitioner
Edward J. McKenney Jr.
Harris Shelton Hanover Walsh, PLLC

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 19 2020
    Petition DENIED.
  2. Sep 30 2020
    DISTRIBUTED for Conference of 10/16/2020.
  3. Aug 07 2020
    Petition for a writ of certiorari filed. (Response due September 18, 2020)