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Sharon Lynn Brown v. Polk County, Wisconsin, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-2698 · judgment July 13, 2020

Certiorari denied · April 19, 2021
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Fourth Amendment permits jail officials to conduct a physical, penetrative search of the vagina and/or anus of a pretrial detainee without a warrant, probable cause, or exigent circumstances, including in cases of persons detained for minor nonviolent non-drug offenses like shoplifting.

Counsel of record

For petitioner
Vincent Joesph Moccio
Bennerotte & Asscoiates. P.A.

For respondent
Danielle Baudhuin Tierney
Axley Brynelson, LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage

Argument & decision

Decided April 19, 2021.

Proceedings

  1. Apr 19 2021
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
  2. Apr 12 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Mar 30 2021
    Rescheduled.
  4. Mar 29 2021
    DISTRIBUTED for Conference of 4/1/2021.
  5. Mar 19 2021
    Rescheduled.
  6. Mar 11 2021
    Reply of petitioner Sharon Brown filed. (Distributed)
  7. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  8. Feb 24 2021
    Brief of respondents Polk County, Wisconsin, et al. in opposition filed.
  9. Feb 24 2021
    Brief amici curiae of National Association of Criminal Defense Lawyers, Restore the Fourth, Inc. filed.
  10. Feb 23 2021
    Brief amici curiae of National Alliance to End Sexual Violence, et al. filed.
  11. Jan 15 2021
    Petition for a writ of certiorari filed. (Response due February 24, 2021)