No. 18-773

Daniel Sullivan v. City of Frederick, Maryland, et al.

Lower Court: Fourth Circuit
Docketed: 2018-12-19
Status: Denied
Type: Paid
Tags: 42-usc-1983 assembly civil-rights due-process first-amendment free-speech freedom-of-speech monell monell-doctrine municipal-immunity retaliation
Key Terms:
SocialSecurity FirstAmendment DueProcess EmploymentDiscrimina Privacy
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Did the court below err in affirming that a six-month criminal investigation of police officer Dan Sullivan, for his off-duty activity of raising money for widows and orphans of fallen officers at a Blue Lives Matter rally, was de minimis harm, thus preventing 42 U.S.C. § 1983 civil rights violation causes of action under the First Amendment for violation of Freedom of Speech, Assembly and for Retaliation?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Three questions are presented: 1. Did the court below err in affirming that a sixmonth criminal investigation of police officer Dan Sullivan, for his off-duty activity of raising money for widows and orphans of fallen officers at a Blue Lives Matter rally, was de minimis harm, thus preventing 42 U.S.C. § 1983 civil rights violation causes of action under the First Amendment for violation of Freedom of Speech, Assembly and for Retaliation? 2. Did the court below err in affirming, at the Motion to Dismiss stage, that Appellant had stated no plausible facts supporting his First Amendment Free Speech or Assembly claims in Counts J, III, IV, or V, and that no Defamation as a matter of fact occurred under Count VII, of his Complaint or Amended Complaint? 3. Do municipalities and their agents maintain quasi-immunity under Monell when they violate a police officer’s due process and First Amendment freedoms, so long as the constitutional harm does not extend to termination or suspension from employment, but may instead include a lengthy criminal investigation?

Docket Entries

2019-02-25
Petition DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-17
Brief of respondents City of Frederick, Maryland, et al. in opposition filed.
2018-12-18
Petition for a writ of certiorari filed. (Response due January 18, 2019)

Attorneys

City of Frederick, Maryland, et al.
Clifford Bernard GeigerKollman & Saucier, P.A., Respondent
Clifford Bernard GeigerKollman & Saucier, P.A., Respondent
Daniel Sullivan
Daniel Lewis CoxThe Cox Law Center. LLC, Petitioner
Daniel Lewis CoxThe Cox Law Center. LLC, Petitioner