No. 19-800

Carlin Robinson, Individually, as Guardian and Next Friend of I. Y., M. Y., and A. Y., and as Personal Representative of the Estate of Veronica Williams, Deceased, et al. v. Daniel A. Lioi, et al.

Lower Court: Fourth Circuit
Docketed: 2019-12-23
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-rights deshhaney due-process fourth-amendment police-liability qualified-immunity state-created-danger
Key Terms:
AdministrativeLaw
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Which of the widely divergent approaches amongst the circuit courts of appeal, if any, appropriately applies the doctrine arising from this Court's precedent establishing an exception to the general rule that no due process liability exists for harms caused by third parties?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Which of the widely divergent approaches amongst the circuit courts of appeal, if any, appropriately applies the doctrine arising from this Court’s precedent establishing an exception to the general rule that no due process liability exists for harms caused by third parties? 2. Does a state-created danger exist where police officers affirmatively released a violent offender from a locked and secured portion of the police station with full knowledge of a warrant for his arrest, and helped the man to remain free, providing him the opportunity to murder his wife and unborn child? 3. Does the doctrine of qualified immunity shield police officers where the state-created danger doctrine is clearly established in the Fourth Circuit, the officers’ conduct constituted such an obvious violation as to warrant denial of immunity even in the absence of prior precedent, and the Fourth’s Circuit rigid adherence to prior precedent would necessarily deny all possible state-created danger claims, as no prior precedent involving a successful state-created danger claim currently exists in the Fourth Circuit?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2020-01-07
Waiver of right of respondent Daniel Lioi, et al. to respond filed.
2019-12-17
Petition for a writ of certiorari filed. (Response due January 22, 2020)

Attorneys

Carlin Robinson, et al.
Cary Johnson Hansel IIIHansel Law, P.C., Petitioner
Cary Johnson Hansel IIIHansel Law, P.C., Petitioner
Daniel Lioi, et al.
Michael Patrick RedmondBaltimore City Law Department, Respondent
Michael Patrick RedmondBaltimore City Law Department, Respondent