No. 19-8511

Herbert W. Morrison, Jr. v. Andrew J. Hale

Lower Court: Eighth Circuit
Docketed: 2020-05-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights civil-rights-action collateral-estoppel fourth-amendment heck-doctrine Heck-v-Humphrey illegal-search-and-seizure qualified-immunity section-1983
Key Terms:
SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether 42 U.S.C. §1983 civil-rights claims based on 4th-amendment illegal-search-and-seizure are barred under Heck-v-Humphrey, collateral-estoppel, or qualified-immunity

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Whether a 42 U.S.C. §1983 civil rights action based on Fourth Amendment illegal search and seizure claims are barred under the Doctrine of Heck v. Humphrey, : 512 U.S. 477 (1994) where the illegal searches and seizures at issue on appeal failed to uncover evidence of criminal activity and therefore, cannot imply the invalidity of the plaintiff's outstanding criminal conviction; II. whether a 42 U-S.C. §1983 civil rights action based on Fourth Amendment illegal search and seizure claims are barred under.the Doctrine of Collateral Estoppel where the the illegal searches and seizures. at: issue on appeal were never heard and determined by a prior court of competent jurisdiction; III. Whether a 42 U.S.C. §1983 civil rights action based on Fourth Amendment illegal search and seizure claims are barred under’ the Doctrine of Qualified Immunity "where the illegal searches and seizures at issue on appeal clearly demonstrated that the state actor's conduct was not objectively reasonable under clearly established laws at the time of the violation; IV. Whether the Court's below violated Federal Rules of Civil Procedure by denying the plaintiff's motions to compel discovery where the Court's were provided an abundance of information demonstrating that the requested nonpriviliged discoverable information would leave no question that the state actor's illegal searches and seizures were performed in knowing violation of clearly established law. :

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-18
Waiver of right of respondent Andrew J. Hale to respond filed.
2020-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2020)

Attorneys

Andrew J. Hale
Rachel Ann BatesHellmich, Hill & Retter, LLC, Respondent
Rachel Ann BatesHellmich, Hill & Retter, LLC, Respondent
Herbert W. Morrison
Herbert W. Morrison — Petitioner
Herbert W. Morrison — Petitioner