No. 18-1366

Estate of Adriano Roman, Jr. v. City of Newark, New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2019-04-30
Status: Denied
Type: Paid
Tags: 42-usc-1983 civil-procedure civil-rights fourth-amendment joint-and-several-liability joint-several-liability pleading qualified-immunity section-1983 standing tort-law warrantless-search
Key Terms:
SocialSecurity FourthAmendment Privacy
Latest Conference: 2019-10-01
Related Cases: 18-1372 (Vide)
Question Presented (AI Summary)

Whether joint and several liability applies under 42 U.S.C. § 1983, where a plaintiff alleges unconstitutional search by multiple officers

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. 42 U.S.C. § 1983 incorporates fundamental concepts of tort law. A fundamental concept of tort law is joint and several liability, which shifts the burden to plausible joint tortfeasors to apportion their own fault and liability. Do pleadings under 42 U.S.C. § 1983 incorporate joint and several liability? 2. Ifso, where a plaintiff pleads that multiple police officers began a warrantless and unconstitutional search of premises as a group, and pleads that a state criminal court has already held that the search was unconstitutional at its inception, has the plaintiff adequately pled a Fourth Amendment violation against the officers, such that the plaintiff need not identify the actions of each officer during the search, which are unknowable because the plaintiff was face-down and handcuffed on the floor?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-06-28
Supplemental brief of petitioner The Estate of Adriano Roman Jr. filed.
2019-05-21
Brief of respondents City of Newark, et al. in opposition filed.
2019-04-26
Petition for a writ of certiorari filed. (Response due May 30, 2019)

Attorneys

City of Newark
Wilson David Antoine IICity of Newark - Law Department, Respondent
Wilson David Antoine IICity of Newark - Law Department, Respondent
The Estate of Adriano Roman Jr.
Justin Daniel SantagataKaufman Semeraro & Leibman, LLP, Petitioner
Justin Daniel SantagataKaufman Semeraro & Leibman, LLP, Petitioner