No. 19-624

Mark Graf, et al. v. Hyung Seok Koh, et ux.

Lower Court: Seventh Circuit
Docketed: 2019-11-15
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment civil-procedure civil-rights coercive-interrogation due-process fifth-amendment interlocutory-appeal johnson-v-jones qualified-immunity seventh-circuit
Key Terms:
FifthAmendment DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-01-17
Question Presented (AI Summary)

Whether the Seventh Circuit's renouncement of jurisdiction over Petitioners' interlocutory appeal misapplied Johnson v. Jones

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Whether the Seventh Circuit’s renouncement of jurisdiction over Petitioners’ interlocutory appeal misapplied Johnson v. Jones, 515 U.S. 304 (1995), where the denial of qualified immunity on Respondent’s Fifth Amendment coercive interrogation claim was based solely upon competing characterizations of otherwise undisputed facts from a fully videotaped interview. (2) Whether Petitioners were entitled to qualified immunity on Respondent’s Fifth Amendment coercive interrogation claim based upon the absence of clearly established law prohibiting any of their interview tactics, either individually or collectively. (3) Whether the state criminal court judge’s fully informed determination to admit Respondent’s statements at his criminal trial was a superceding event which severed the chain of causation on Respondent’s coercive interrogation claim, entitling Petitioners to qualified immunity.

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-23
Reply of petitioners Mark Graf, et al. filed.
2019-12-16
Brief of respondents Hyung Seok Koh, et al. in opposition filed.
2019-12-10
Waiver of right of respondents Sung Phil Kim and the Village of Wheeling to respond filed.
2019-11-12
Petition for a writ of certiorari filed. (Response due December 16, 2019)

Attorneys

Hyung Seok Koh, et al.
Jonathan LoevyLoevy and Loevy, Respondent
Jonathan LoevyLoevy and Loevy, Respondent
Mark Graf, et al.
James G. SotosThe Sotos Law Firm, PC, Petitioner
James G. SotosThe Sotos Law Firm, PC, Petitioner
Sung Phil Kim and the Village of Wheeling
Allen WallKlein, Thorpe and Jenkins, Ltd., Respondent
Allen WallKlein, Thorpe and Jenkins, Ltd., Respondent