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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
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition citing three to ten dissents, and down for a petition of 3,000 to 6,000 words.
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
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- 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)