No. 19-326

Melinda Mitchell, et al. v. City of New York, et al.

Lower Court: Second Circuit
Docketed: 2019-09-10
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights fourth-amendment malice material-facts objective-reasonableness perjury police-misconduct qualified-immunity trespass wrongful-seizure
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Did the Second Circuit err in applying District of Columbia v. Wesby to grant qualified immunity to the police defendants who arrested the plaintiff partygoers for trespass?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Second Circuit err in applying District of Columbia v. Wesby, 138 S. Ct. 577 (2018), to grant qualified immunity to the police defendants who arrested the plaintiff partygoers for trespass where, unlike the officers in Wesby, the police defendants submitted perjured statements concerning the factual basis for the arrests and never determined whether the partygoers had permission to be present in the property; and where there were numerous disputes of material fact as to the condition of the premises? 2. Did the Second Circuit err in holding that a civil rights plaintiff must show subjective malice by police defendants in order to assert a Fourth Amendment post-arrest, pre-trial wrongful seizure claim, since the Fourth Amendment employs a standard of objective reasonableness, and there is a split of circuit authority on the need to show malice?

Docket Entries

2019-10-15
Petition DENIED.
2019-09-25
DISTRIBUTED for Conference of 10/11/2019.
2019-09-11
Waiver of right of respondents City of New York, et al. to respond filed.
2019-09-06
Application (19A26) granted by Justice Ginsburg extending the time to file until September 6, 2019.
2019-09-06
Petition for a writ of certiorari filed. (Response due October 10, 2019)
2019-06-26
Application (19A26) to extend the time to file a petition for a writ of certiorari from July 8, 2019 to September 6, 2019, submitted to Justice Ginsburg.

Attorneys

City of New York, et al.
Melanie Tharamangalam WestAssistant Corpartion Counsel, Respondent
Melinda Mitchell, et al.
Jeffrey Adam RothmanJeffrey A. Rothman, Attorney at Law, Petitioner