Supreme Court of the United States · Official docket →
Barry Damon Mallatere v. Town of Boone, North Carolina
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1698 · judgment June 11, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Fourth Circuit affirmed in part, vacated in part, and remanded the district court’s dismissal over the Petitioner’s, Barry Damon Mallatre, causes of action. The Petitioner pled a violation of 42 U.S.C. § 1983, Malicious Prosecution under North Carolina law and in the alternative that the Respondent violated the Petitioner’s Rights under the Fourth Amendment to the United States Constitution. Two Questions Presented:
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Did the Fourth Circuit err in upholding the district court’s dismissal of the Petitioner’s claim for violation of 42 U.S.C. § 1983 in finding that the Petitioner did not properly allege that a policy maker’s decision caused the Petitioner’s harm?
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Should the Court re-examine their holding in Monell v. Dept. of Soc. Servs.,436 U.S. 658 (1978) and Ashcroft v. Iqbal, 556 U.S. 662 (2009) that municipalities can’t be held liable for the violations of civil rights by their employees under the theory of respondeat superior no matter the policy or custom?
Counsel of record
For petitioner
Nathan Arthur Miller
Miller and Johnson, PLLC
For respondent
Ann C. Rowe
Davis & Hamrick, L.L.P.
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 25 2021Petition DENIED.
- Jan 06 2021DISTRIBUTED for Conference of 1/22/2021.
- Dec 23 2020Waiver of right of respondent Town of Boone, North Carolina to respond filed.
- Nov 19 2020Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2021.
- Nov 13 2020Motion to extend the time to file a response from December 2, 2020 to January 4, 2021, submitted to The Clerk.
- Oct 28 2020Petition for a writ of certiorari filed. (Response due December 2, 2020)