Supreme Court of the United States · Official docket →
Karen Jimerson, et al. v. Mike Lewis
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-10441 · judgment February 15, 2024
Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.
Question presented
In Maryland v. Garrison, this Court addressed the constitutional implications of police officers executing a search warrant at the wrong location. The Court explained that the Fourth Amendment requires officers to make “a reasonable effort to ascertain and identify the place intended to be searched[.]” 480 U.S. 79, 88 (1987). Addressing claims of qualified immunity, three circuits— the Eighth, Ninth, and Eleventh—hold that Garrison clearly established the law: Officers violate the Fourth Amendment when they search a house without first checking that it shares the address or conspicuous features of the place they intend to search. But the Fifth Circuit holds below that Garrison merely articulates a “general principle” insufficient to clearly establish the law. As Judge Dennis notes in dissent, the Fifth Circuit’s cramped reading of Garrison created a circuit split. Pet. App. 21a. The question presented is: Whether Maryland v. Garrison clearly established that officers violate the Fourth Amendment when they search the wrong house without checking the address or conspicuous features of the house to be searched.
Counsel of record
For petitioner
Patrick Michael Jaicomo
Institute for Justice
For respondent
David Randall Montgomery
D. Randall Montgomery & Associates, PLLC
Proceedings
- Feb 24 2025Petition DENIED. Justice Sotomayor and Justice Jackson would grant the petition for a writ of certiorari.
- Feb 14 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 20 2024Reply of petitioners Karen Jimerson, et al. filed. (Distributed)
- Dec 19 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- Dec 11 2024Brief of respondent Mike Lewis in opposition filed.
- Nov 29 2024Brief amicus curiae of Cato Institute filed.
- Nov 22 2024Brief amicus curiae of The Rutherford Institute filed.
- Oct 31 2024Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2024.
- Oct 30 2024Motion to extend the time to file a response from November 29, 2024 to December 30, 2024, submitted to The Clerk.
- Oct 24 2024Petition for a writ of certiorari filed. (Response due November 29, 2024)
- Jul 17 2024Application (24A55) granted by Justice Alito extending the time to file until October 24, 2024.
- Jul 15 2024Application (24A55) to extend the time to file a petition for a writ of certiorari from September 24, 2024 to November 23, 2024, submitted to Justice Alito.