No. 19-529

Robert Sanchez Turner v. Al Thomas, Jr., et al.

Lower Court: Fourth Circuit
Docketed: 2019-10-22
Status: Denied
Type: Paid
Response Waived
Tags: actual-knowledge-of-danger affirmative-act civil-rights constitutional-rights cut-off-all-avenues-of-recourse due-process law-enforcement public-safety qualified-immunity racial-violence shock-the-conscience specific-individual-or-public state-created-danger
Key Terms:
SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (AI Summary)

What analytical framework applies to the state-created danger doctrine?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The following questions stem from the Fourth Circuit’s Published Opinion regarding claims asserted by Mr. Turner: 1. What analytical framework applies to the statecreated danger doctrine regarding (1) what constitutes an affirmative act; (2) whether a government action must create a risk of harm to a specific individual or the public at large; (3) whether a government actor must possess actual knowledge of a danger; (4) whether a government’s affirmative action must shock the conscience to constitute state-created danger; and (5) whether a government’s affirmative action must cut off all avenues of recourse available to a person? 2. Did the Fourth Circuit Court of Appeals err by reasoning that a verbal order to law enforcement officers to stand down in front of racially-charged felonious assaults is not an affirmative act under precedent of this Court and the Fourth Circuit Court of Appeals, when the considered-true facts demonstrated that law enforcement officials sent subordinate law enforcement officers to the location of anticipated racial violence with orders to stand down in front of felonious assault until the violence reached a level to justify declaring a state of emergency so that the subject ‘rally’ could be moved to a preferred location? u 3. Did the Fourth Circuit Court of Appeals err by defining the right at issue in this case at an unlawfully high level of generality that did not take into account the considered-true facts of this case nor the Fourth Circuit Court of Appeals’ own binding precedent, which expressly delineates the contours of qualified immunity in the context of the state-created danger doctrine?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-04
DISTRIBUTED for Conference of 1/10/2020.
2019-10-23
Waiver of right of respondent W. Steven Flaherty to respond filed.
2019-10-23
Waiver of right of respondent Al Thomas, Jr. to respond filed.
2019-10-17
Petition for a writ of certiorari filed. (Response due November 21, 2019)

Attorneys

Al Thomas, Jr.
David Patrick CorriganHarman Claytor Corrigan & Wellman, Respondent
David Patrick CorriganHarman Claytor Corrigan & Wellman, Respondent
Robert Turner
Mario Bernard WilliamsNDH LLC, Petitioner
Mario Bernard WilliamsNDH LLC, Petitioner
W. Steven Flaherty
Toby Jay HeytensOffice of the Attorney General, Respondent
Toby Jay HeytensOffice of the Attorney General, Respondent