No. 18-720

Ronald Duhe, et al. v. City of Little Rock, Arkansas, et al.

Lower Court: Eighth Circuit
Docketed: 2018-12-06
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-vagueness detention-policy disorderly-conduct due-process first-amendment free-speech legal-precedent overbreadth probable-cause vagueness
Key Terms:
AdministrativeLaw SocialSecurity FirstAmendment DueProcess CriminalProcedure JusticiabilityDoctri Jurisdiction
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether precedent by this Court together with the Eighth Circuit, other circuits and state courts of last resort had clearly established the vagueness and overbreadth of language in the Arkansas disorderly conduct statute that, here, punished leafletting and amplified speech

Question Presented (OCR Extract)

QUESTIONS PRESENTED On summary judgment: 1. Whether precedent by this Court together with the Eighth Circuit, other circuits and state courts of last resort had clearly established the vagueness and overbreadth of language in the Arkansas disorderly conduct statute that, here, punished leafletting and amplified speech. 2. Whether police testimony is the only evidence that matters in a probable cause determination, such that police have no duty to consider controverting witness prior to an arrest. 3. Whether a statute’s unconstitutional conduct prohibitions are cured by an unconstitutional scienter element. 4. Whether an automatic 48-hour detention policy is constitutional under Gerstein v. Pugh, 420 US. 103 (1975) and County of Riverside v. McLaughlin, 500 USS. 44 (1991). 5. Whether standing to challenge a vague permit ordinance arises from a chill on the First Amendment by police threats to enforce the ordinance and police intent to make such threats in the future.

Docket Entries

2019-02-19
Petition DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-04
Waiver of right of respondent City of Little Rock, Arkansas to respond filed.
2018-12-21
Waiver of right of respondent Pulaski County, Arkansas to respond filed.
2018-12-03
Petition for a writ of certiorari filed. (Response due January 7, 2019)

Attorneys

City of Little Rock, Arkansas
Thomas Milton CarpenterOffice of the CityAttorney, Respondent
Thomas Milton CarpenterOffice of the CityAttorney, Respondent
Pulaski County, Arkansas
David M. FuquaFuqua Campbell, P.A., Respondent
David M. FuquaFuqua Campbell, P.A., Respondent
Ronald Duhe, et al.
Rebecca R. MessallMessall Law Firm, LLC, Petitioner
Rebecca R. MessallMessall Law Firm, LLC, Petitioner