No. 18-99

Johnny Barnes v. Joseph Gerhart, et al.

Lower Court: Fifth Circuit
Docketed: 2018-07-23
Status: Denied
Type: Paid
Response RequestedRelisted (3)
Tags: civil-rights confidential-informant drug-surveillance due-process fourth-amendment law-enforcement law-enforcement-action police-misconduct qualified-immunity search-and-seizure unreasonable-search
Key Terms:
FourthAmendment FifthAmendment Privacy
Latest Conference: 2019-02-15 (distributed 3 times)
Question Presented (AI Summary)

Did the Fifth Circuit wrongly hold that Officer Barnes' mistake was 'unreasonable' under the Fourth Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED In the summer of 2010, Officer Johnny Barnes participated in a joint drug-surveillance operation. A confidential informant was sent into the home of a white male who had been involved in three drug deals over the course of the preceding month. Inside the home, the confidential informant was ordered to use drugs at knife point. Officer Barnes attempted to save the confidential informant but mistakenly entered a home two houses away after a white male was observed running inside. (1) Did the Fifth Circuit wrongly hold that Officer Barnes’ mistake was “unreasonable” under the Fourth Amendment? (2) In the alternative, did the Fifth Circuit wrongly deny Officer Barnes qualified immunity? (3) At aminimum, should this case be GVR’d in light of Sause v. Bauer, 188 S.Ct. 2561 (June 28, 2018), Kisela v. Hughes, 138 S.Ct. 1148 (Apr. 2, 2018), and District of Columbia v. Wesby, 138 S.Ct. 577 (Jan. 22, 2018).

Docket Entries

2019-04-09
Record returned to the U.S.C.A. for the Fifth Circuit (1 envelope).
2019-02-19
Petition DENIED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-23
Record received from the U.S.D.C. for the Southern District of Mississippi (one DVD). The remainder of the record is available on PACER.
2019-01-15
Record received from the U.S.C.A. for the Fifth Circuit (1 envelope).
2019-01-03
Record Requested.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-21
Reply of petitioner Johnny Barnes filed.(12/4/2018)
2018-11-15
Brief of respondents Joseph Gerhart, et al. in opposition filed.(11/16/2018)
2018-10-16
Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2018.
2018-10-12
Motion to extend the time to file a response from October 19, 2018 to November 19, 2018, submitted to The Clerk.
2018-09-19
Response Requested. (Due October 19, 2018)
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-07-19
Petition for a writ of certiorari filed. (Response due August 22, 2018)

Attorneys

Johnny Barnes
Gary E. FriedmanPhelps Dunbar, Petitioner
Joseph Gerhart, et al.
Charles Robert McRaeMcRae Law Firm, Respondent