No. 18-474

LeFloris Lyon v. Canadian National Railway Company, et al.

Lower Court: Seventh Circuit
Docketed: 2018-10-15
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: bivens bivens-action civil-rights first-amendment fourth-amendment probable-cause retaliatory-prosecution seventh-circuit-conflict
Key Terms:
DueProcess FourthAmendment FirstAmendment CriminalProcedure
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether retaliatory prosecution in violation of the First Amendment and Fourth Amendment is actionable under Bivens when the arrest warrants and prosecution were not supported by probable cause

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Seventh Circuit decision conflicts with all Courts of appeals, and Lozman v. City of Riviera Beach, 138 S. Ct. 1945 (2018); Manuel v. City of Joliet, Iil., 187 S. Ct. 911 ; (2017); Hartman v. Moore, 547 U.S. 250 (2006)— 28 U.S.C. §292(d)—28 U.S.C. § 455(b)—sealing without a Sealing Order—denying access to the court record—denying a criminal defendant counsel—when law enforcement agents and judicial officers, may be liable under Bivens v. Six Unknown Named Agents of Federal Bureau : of Narcotics, 403 U.S. 388 (1971), for retaliatory prosecution in violation of the First Amendment and Fourth Amendment when the arrest ; warrants, detention and prosecution was not supported by probable cause? 2. Whether the Seventh Circuit decision conflicts with all Courts of appeals, and this Court’s decisions in Lawson v. FMR LLC, 134 S. Ct. 1158 (2014); Digital Realty Trust, Inc. v. Somers, 138 S. Ct. 767 (2018)—excluding court , records—prohibiting a pro se plaintiffs Rule 60 complaint—contrary to 28 U.S.C. §1915, when the law to that effect was clearly established at the time that retaliatory criminal charges were filed against petitioner, such that respondents are not entitled to qualified immunity.

Docket Entries

2019-01-07
Petition DENIED.
2018-12-17
Letters of December 11, 2018 from petitioner received.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-06
Waiver of right of respondents Wise Carter Child & Caraway, P.A. to respond filed.
2018-10-15
Motion (18M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2018-09-26
MOTION (18M50) DISTRIBUTED for Conference of 10/12/2018.
2018-09-01
Motion (18M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2018-09-01
Petition for a writ of certiorari filed. (Response due November 14, 2018)
2018-06-18
Application (17A1381) granted by Justice Kagan extending the time to file until September 1, 2018.
2018-06-12
Application (17A1381) to extend the time to file a petition for a writ of certiorari from July 3, 2018 to September 1, 2018, submitted to Justice Kagan.

Attorneys

LeFloris Lyon
LeFloris Lyon — Petitioner
LeFloris Lyon — Petitioner
Wise Carter Child & Caraway, P.A.
James Daniel HelenhouseFletcher & Sippel LLC, Respondent
James Daniel HelenhouseFletcher & Sippel LLC, Respondent