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Frank Napolitano, et al. v. Laurence Washington

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-455 · judgment March 23, 2022


Certiorari denied · December 5, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

On May 16, 2016, members of the East Hartford Police Department (the “EHPD”) began investigating the murder of Marshall Wiggins. On May 17, 2016, Laurence Washington called the EHPD and agreed to provide a sworn statement regarding his knowledge of Mr. Wiggins’ murder. As part of their investigation, officers from the EHPD discovered that three individuals were in the car when Mr. Wiggins was murdered: Mr. Wiggins, Laurence Washington, and Michael Gaston. Washington protested his innocence in his sworn written statement and indicated that Mr. Gaston had murdered Mr. Wiggins. The questions presented are: 1. Whether the Court of Appeals improperly denied qualified immunity by requiring an officer to disclose his subjective intent and state of mind in a warrant application in direct contravention of this Court’s precedent in Devenpeck v. Alford, 543 U.S. 146, 153 (2004), which established that “an arresting officer’s state of mind (except for the facts that he knows) is irrelevant to the existence of probable cause” and that “[e]venhanded law enforcement is best achieved by the application of objective standards of conduct, rather than standards that

Counsel of record

For petitioner
James N. Tallberg
Karsten and Tallberg, LLC

For respondent
Tadhg Aodh Joseph Dooley
Wiggin and Dana LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 05 2022
    Petition DENIED.
  2. Nov 15 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Nov 10 2022
    Reply of petitioners Frank Napolitano, et al. filed. (Distributed)
  4. Oct 31 2022
    Brief of respondent Laurence Washington in opposition filed.
  5. Sep 23 2022
    Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2022.
  6. Sep 21 2022
    Motion to extend the time to file a response from September 30, 2022 to October 31, 2022, submitted to The Clerk.
  7. Aug 31 2022
    Response Requested. (Due September 30, 2022)
  8. Aug 24 2022
    DISTRIBUTED for Conference of 9/28/2022.
  9. Aug 19 2022
    Waiver of right of respondent Laurence Washington to respond filed.
  10. Jul 25 2022
    Petition for a writ of certiorari filed. (Response due August 26, 2022)