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Thomas E. Nidiffer, et al. v. Officer David Lovato, et al.

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 24-2056 · judgment March 6, 2025


Certiorari denied · January 12, 2026

Questions presented

  1. Whether a locked gate surrounding the curtilage of a home clearly revokes the implied social license for law enforcement officers to enter the property without a warrant or probable cause for a "knock and talk," such that officers who physically overcome such a barrier are not entitled to qualified immunity for a Fourth Amendment violation.

  2. What exactly must a homeowner do to revoke the implied social license exception to the Fourth Amendment?

Counsel of record

For petitioner
Thomas E. Nidiffer

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 17 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Jun 02 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2025)