Andrew McKinley v. Christopher Lee-Murray Bey
DueProcess FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
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?
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?