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James P. Crocker v. Steven Eric Beatty, Deputy Sheriff, Martin County, Florida

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-14682 · judgment April 20, 2021


Certiorari denied · January 10, 2022
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 an Eleventh Circuit decision below, and down for a state or local-government respondent.

Questions presented

  1. Whether a First Amendment right to record police activities in public has been clearly established so as to preclude application of qualified immunity where an officer prevents an individual from recording police activity.

  2. Whether after a circuit court of appeals has already held a citizen’s First Amendment right to record official police activity is clearly established, the circuit court can disestablish and restrict the First Amendment right to record by applying a novel and discretionary ad hoc exception to the right.

Counsel of record

For petitioner
Christopher S. Anulewicz
Balch & Bingham, LLP

For respondent
Bruce Robert Bogan
Hilyard, Bogan and Palmer, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Motion for leave to file amicus brief filed by the Rutherford Institute GRANTED.
  2. Jan 10 2022
    Petition DENIED.
  3. Dec 29 2021
    Motion for leave to file amicus brief filed by the Rutherford Institute. (Distributed)
  4. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  5. Dec 03 2021
    Waiver of right of respondent Steven Eric Beatty to respond filed.
  6. Nov 24 2021
    Petition for a writ of certiorari filed. (Response due December 29, 2021)