Supreme Court of the United States · Official docket →
Denise Hughes, as Administrator of the Estate of Edwin Dewayne Moss v. Monique N. Locure, Administratrix of the Estate of Darian K. Locure
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-10954 · judgment January 29, 2026
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether on January 19, 2021—when Macon County, Alabama Deputy Sheriff Darian K. Locure struck and killed Plaintiff-Petitioner’s decedent, Edwin Dewayne Moss—it was clearly established that a law-enforcement officer can face legal liability under 42 U.S.C. § 1983 for a substantive due-process violation where that officer physically injures a private person through the “officer’s intentional misuse of his [or her] vehicle”—as reasoned in County of Sacramento v. Lewis, 523 U.S. 833, 854 n.13 (1998) (emphasis in original), and Browder v. City of Albuquerque, 787 F.3d 1076, 1082-83 (10th Cir. 2015) (Gorsuch, J., writing for the Tenth Circuit), and Dean for & on behalf of Harkness v. McKinney, 976 F.3d 407, 417- 20 (4th Cir. 2020). And, if so, whether this means that the Eleventh Circuit’s contrary holding in Hughes v. Locure, 166 F.4th 121, 128-30 (11th Cir. 2026), granting qualified immunity on the ground that this same right was not clearly established—over two decades post-Lewis and approaching a decade post-Browder—conflicts with this Court’s precedent and creates a circuit split warranting resolution on certiorari review.
Counsel of record
For petitioner
David Lanier Luck
Morgan & Morgan
For respondent
Jamie Helen Kidd Frawley
Webb McNeill Frawley PC
Case
Conference history
Distributed for 1 conference
Proceedings
- Jul 15 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 15 2026Reply of petitioner Denise Hughes filed. (Distributed)
- Jul 01 2026Brief of respondent Monique Locure in opposition filed.
- May 20 2026Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2026.
- May 19 2026Motion to extend the time to file a response from June 1, 2026 to July 1, 2026, submitted to The Clerk.
- Apr 29 2026Petition for a writ of certiorari filed. (Response due June 1, 2026)