No. 18-576

Robert H. Wright, Jr. v. Jerald Watson, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-11-02
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 4th-amendment civil-forfeiture civil-procedure civil-rights constitutional-rights due-process fourth-amendment malicious-prosecution police-misconduct probable-cause standing
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure
Latest Conference: 2019-03-15 (distributed 2 times)
Question Presented (AI Summary)

Is a malicious prosecution claim under the Fourth Amendment and Manuel v. City of Joliet the proper civil remedy for an 'overcharge' prosecution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Isa malicious prosecution claim under the Fourth Amendment and Manuel v. City of Joliet, 1378. Ct. 9112 (2017) the proper civil remedy for an “overcharge” prosecution where a suspect is lawfully arrested for a trivial misdemeanor but is also subjected to piled-on felony charges in an attempt to pressure him into a guilty plea and financial settlement of a civil forfeiture action in which the proceeds go to the arresting agency, when both the felony prosecution and civil forfeiture are based on the knowingly false statements of a police investigator? 2. Does a Fourth Amendment malicious prosecution claim arise when a police investigator knowingly overcharges a rural property owner with felony drug manufacturing to leverage an abusive civil forfeiture proceeding — which requires a seizure of at least four ounces of marijuana from the suspect’s property — when there is only probable cause to charge him with constructive possession of less than one-third of an ounce of marijuana found on the property and there is no probable cause that he has anything to do with an inconspicuous patch of marijuana plants growing outside his fence on a neighbor’s land, thereby causing great damage to his reputation and resulting in his termination as treasurer of a large corporation which has employed him for 35 years?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2019-02-08
Brief of respondent Jerald Watson in opposition filed.
2018-12-28
Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2019.
2018-12-27
Motion to extend the time to file a response from January 10, 2019 to February 8, 2019, submitted to The Clerk.
2018-12-11
Response Requested. (Due January 10, 2019)
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-26
Waiver of right of respondents Jerald Watson, et al. to respond filed.
2018-10-31
Petition for a writ of certiorari filed. (Response due December 3, 2018)

Attorneys

Jerald Watson
Kenneth Drew JonesHall, Booth, Smith & Slover, Respondent
Kenneth Drew JonesHall, Booth, Smith & Slover, Respondent
Robert Wright
Craig Thomas JonesCraig T. Jones, P.C., Petitioner
Craig Thomas JonesCraig T. Jones, P.C., Petitioner