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Hamdi Mohamud v. Heather Weyker

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-3471 · judgment December 23, 2020

Certiorari denied · June 21, 2022
Pre-decision estimate: 7% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Petitioner Hamdi Mohamud is “trying to hold a rogue law-enforcement officer responsible for landing [her] in jail through lies and manipulation.” Pet. App. 2a. The officer, Respondent Heather Weyker, was denied qualified immunity because “a reasonable officer would know that deliberately misleading another officer into arresting an innocent individual to protect a sham investigation is unlawful.” Pet. App. 81a. But applying the test from Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Eighth Circuit held that Mohamud did not have a cause of action against Weyker under the Constitution because the facts of Mohamud’s case do not “exactly mirror” those of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Pet. App. 7a–8a (cleaned up). To resolve the growing circuit split on the application of Ziglar v. Abbasi, the question presented is: Whether a constitutional remedy is available against federal officers for individual instances of law enforcement overreach in violation of the Fourth Amendment.

Counsel of record

For petitioner
Patrick Michael Jaicomo
Institute for Justice

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Aug 22 2022
    Rehearing DENIED.
  2. Jul 28 2022
    DISTRIBUTED.
  3. Jul 15 2022
    Petition for Rehearing filed.
    Main DocumentCertificate of Word CountProof of Service
  4. Jun 21 2022
    Petition DENIED.
  5. Jun 13 2022
    DISTRIBUTED for Conference of 6/16/2022.
  6. Mar 25 2022
    Supplemental brief of respondent United States in opposition filed. (Distributed)
    Main DocumentProof of Service
  7. Mar 10 2022
    Supplemental brief of petitioner Hamdi Mohamud filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  8. Dec 09 2021
    Reply of petitioner Hamdi Mohamud filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  9. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  10. Nov 19 2021
    Brief of respondent United States in opposition filed.
    Main DocumentProof of Service
  11. Nov 02 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including November 19, 2021.
  12. Nov 01 2021
    Motion to extend the time to file a response from November 10, 2021 to November 19, 2021, submitted to The Clerk.
    Main Document
  13. Sep 22 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2021.
  14. Sep 21 2021
    Motion to extend the time to file a response from October 12, 2021 to November 10, 2021, submitted to The Clerk.
    Main Document
  15. Sep 09 2021
    Brief amici curiae of American Civil Liberties Union, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  16. Sep 08 2021
    Brief amicus curiae of Peter Schuck filed.
    Main DocumentProof of ServiceCertificate of Word Count
  17. Aug 25 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 12, 2021.
  18. Aug 24 2021
    Motion to extend the time to file a response from September 9, 2021 to October 12, 2021, submitted to The Clerk.
    Main Document
  19. Aug 06 2021
    Petition for a writ of certiorari filed. (Response due September 9, 2021)
    PetitionAppendixCertificate of Word CountProof of Service