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Marques A. Johnson v. James Dunn

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-10670 · judgment January 30, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 5% cert probability

Before the decision, modestly above 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.

Questions presented

  1. Whether the Fourth Amendment prohibits arresting a passenger in a car not suspected of any wrongdoing solely for failing to immediately provide identification to law enforcement, as the First, Fifth, Eighth, Ninth, and Tenth Circuits have held, or whether it permits such arrests, as the Eleventh Circuit held below; and whether the law was “clearly established” on the date of Petitioner’s arrest.

  2. Whether the doctrine of qualified immunity, which shields government officials from liability for civil damages unless they violated a clearly established constitutional right, should be overruled or limited.

Counsel of record

For petitioner
Ryan David Barack
Kwall Barack Nadeau PLLC

For respondent
Thomas Walter Poulton
DeBevoise & Poulton, P.A.

Case

Conference history
Distributed for 1 conference

Linked docket
23A1023

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Sep 18 2024
    Supplemental brief of petitioner Marcus Johnson filed. (Distributed)
  3. Aug 28 2024
    DISTRIBUTED for Conference of 9/30/2024.
  4. Aug 23 2024
    Waiver of right of respondent James Dunn to respond filed.
  5. Aug 13 2024
    Petition for a writ of certiorari filed. (Response due September 16, 2024)
  6. May 20 2024
    Application (23A1023) granted by Justice Thomas extending the time to file until August 13, 2024.
  7. May 14 2024
    Application (23A1023) to extend the time to file a petition for a writ of certiorari from July 14, 2024 to September 12, 2024, submitted to Justice Thomas.