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Daniel Cameron Wilkey, et al. v. William Eugene Klaver

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-5083, 22-5084 · judgment November 3, 2022


Certiorari denied · March 6, 2023
Pre-decision estimate: 7% cert probability (95% interval 4%–10%)

Before the decision, about 1.6× 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 a Sixth Circuit decision below.

Questions presented

Petitioners Wilkey and McRae are police deputies who allegedly violated Respondent Klaver’s Fourth Amendment rights by unnecessarily extending a traffic stop. The district court denied the Deputies’ motion for summary judgment on their qualified immunity defense. The following questions are presented:

  1. This Court has repeatedly instructed the lower courts that in determining whether a right is clearly established for purposes of qualified immunity prior decisions must have defined the right with a high degree of specificity. Here, the Sixth Circuit identified the controlling rule to be that officers “may not detain a driver for longer than necessary to complete a traffic stop simply because they want to investigate other crimes.” Did the Sixth Circuit define the right at too high a level of generality?

  2. As part of a lawful traffic stop, Deputies Wilkey and McRae observed that Klaver had unlawfully tinted windows, unlawfully placed a sticker on his license plate, was visibly shaking, refused to explain why he was shaking, and was generally uncooperative. In denying qualified immunity, the Sixth Circuit did not cite a case with comparable facts. Did the Sixth Circuit err in holding that

Counsel of record

For petitioner
F. Andrew Hessick III
University of North Carolina

For respondent
William Eugene Klaver

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 06 2023
    Petition DENIED.
  2. Feb 15 2023
    DISTRIBUTED for Conference of 3/3/2023.
  3. Feb 10 2023
    Waiver of right of respondent William Eugene Klaver to respond filed.
  4. Feb 01 2023
    Petition for a writ of certiorari filed. (Response due March 6, 2023)