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Chad Chronister, Sheriff, Hillsborough County, Florida, et al. v. Andrew Joseph, Jr., as Natural Father, Next Friend, and Personal Representative of the Estate of Andrew Joseph, III, Deceased
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-11073 · judgment October 12, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
RULE 14.1.(a)
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This Court and several Circuit Courts of Appeals have held that federal courts should not reach the merits of a case, including issues such as sovereign or qualified immunity, without first determining whether a “case or controversy” exists under Article III. Steel v. Citizens, 523 U.S. 83, 94-95 (1998); Webb v. Dallas, 314 F.3d 787, 790-791 (5th Cir. 2002); Price v. Akaka, 3 F.3d 1220, 1223-1224 (9th Cir. 1993). The question presented is: Should the Supreme Court require the Eleventh Circuit to follow Supreme Court precedent and resolve challenges to Article III standing before resolving other issues such as sovereign or qualified immunity?
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This Court has held that, to determine whether an officer had probable cause for an arrest, courts should examine the events leading up to the arrest, and then decide whether the totality of the circumstances, including relevant historical facts, viewed from the standpoint of an objectively reasonable officer, amount to probable cause. Maryland v. Pringle, 540 U.S. 366, 371 (2003) (quoting Ornelas v. U.S., 517 U.S. 690, 696 (1996)). Probable cause requires only a probability or substantial chance of criminal activity, not an actual showing of such activity. Illinois v. Gates, 462 U.S. 213, 243-244 n. 13 (1983). Probable cause is not a high bar. Kaley v. U.S., 571 U.S. 320, 338 (2014).
Counsel of record
For petitioner
Christopher E. Brown
Hillsborough County Sheriff's Office
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- May 16 2022Petition DENIED.
- Apr 26 2022DISTRIBUTED for Conference of 5/12/2022.
- Mar 10 2022Petition for a writ of certiorari filed. (Response due April 13, 2022)