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Leon Barcley Stusalitus v. Angelique Ortiz, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 25-1186 · judgment December 2, 2025


0%
estimated cert probability
(petition-stage, structural)
GVR risk 0%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This case concerns the “Proxy Affiant” loophole: a practice where law enforcement officers avoid Fourth Amendment liability for obtaining warrants on unverified information by having a private citizen sign the formal affidavit, even when state law requires law-enforcement agency authorization to issue the warrant. The Fourth Circuit affirmed summary judgment by holding that the officer's failure to investigate and abuse of authority were irrelevant because she was not the “affiant.”

  1. Whether the “objective unreasonableness” standard established in Malley v. Briggs, 475 U.S. 335 (1986), applies to an officer who “procures” or “authorizes” a warrant through a mandatory sign-off procedure, or whether an officer is shielded from Fourth Amendment liability whenever the formal affidavit is signed by a private citizen rather than the officer herself.

  2. Whether, at the summary judgment stage, a court may find an officer’s conduct “objectively reasonable” as a matter of law by recharacterizing the non-moving party’s explicit denial of the underlying allegations as “non-categorical” or “conclusory,” thereby resolving genuine disputes of material fact and making credibility determinations in violation of Tolan v. Cotton, 572 U.S. 650 (2014).

Counsel of record

For petitioner
Leon Barcley Stusalitus

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 05 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Feb 26 2026
    Petition for a writ of certiorari filed. (Response due July 20, 2026)