No. 19-1379

Andrew McKinley v. Christopher Lee-Murray Bey

Lower Court: Sixth Circuit
Docketed: 2020-06-16
Status: Dismissed
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights equal-protection fourth-amendment investigation investigatory-detention law-enforcement pre-contact qualified-immunity race race-discrimination
Key Terms:
DueProcess FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does the Equal Protection clause require an officer who initiated a pre-contact investigation for non-race related reasons to break off the investigation upon discovering the subject is a member of a different race?

Question Presented (from Petition)

QUESTIONS PRESENTED Question 1 Does the Equal Protection clause require an officer who initiated a pre-contact investigation for non-race related reasons to break off the investigation upon discovering the subject is a member of a different race? Question 2 Does the limited appellate jurisdiction of a qualified immunity appeal prevent review of whether a Plaintiff has proffered sufficient statistical evidence to sustain a claim of indirect race based discrimination? Question 3 Have law enforcement officers in the Sixth Circuit lost the qualified immunity protection to be reasonably mistaken in making Fourth Amendment determinations as to the Constitutional propriety of initiating a stop for an investigatory detention afforded to officers in the other circuits?

Docket Entries

2020-09-17
Petition Dismissed - Rule 46.
2020-09-10
Joint motion to dismiss the petition for a writ of certiorari pursuant Rule 46 filed.
2020-07-01
DISTRIBUTED for Conference of 9/29/2020.
2020-06-25
Waiver of right of respondent Christopher Lee-Murray Bey to respond filed.
2020-06-10
Petition for a writ of certiorari filed. (Response due July 16, 2020)

Attorneys

Andrew McKinley
Eric Scofield GoldsteinAssistant City Attorney, Petitioner
Eric Scofield GoldsteinAssistant City Attorney, Petitioner
Christopher Lee-Murray Bey
Joel B. SklarJoel B. Sklar, Attorney at Law, Respondent
Joel B. SklarJoel B. Sklar, Attorney at Law, Respondent