No. 19-88

Wadith Stockinger Nader, et ux. v. City of Papillion, Nebraska, et al.

Lower Court: Eighth Circuit
Docketed: 2019-07-17
Status: Denied
Type: Paid
Response Waived
Tags: absolute-immunity eighth-circuit fourth-amendment law-enforcement probable-cause prosecutorial-immunity search-and-seizure totality-of-circumstances totality-of-the-circumstances
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Can an unverified tip constitute probable cause for arrest?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Can an unverified tip which was the basis for a lawful search, and which was disproved during the course of the lawful search, by itself constitute sufficient probable cause to make an arrest? 2. Did the Eighth Circuit improperly apply the totality of the circumstances test in making a determination that arguable probable cause existed? [illinois v. Gates, 462 U.S. 213 (1983)? 3. Did the Eighth Circuit improperly expand the doctrine of absolute immunity in contradiction of Van de Kamp v. Goldstein, 555 U.S. 335, 343 (2009); Buckley v. Fitzsimmons, 509 U.S. 259 (1993)? ii II. STATEMENT OF RELATED CASES Nader, et al. v. The City of Papillion, et al., No. 8:17CV83, U.S. District Court for the District of Nebraska. Judgment entered January 29, 2018. Nader, et al. v. The City of Papillion, et al., No. 18-1402, US. Court of Appeals for the Eighth Circuit. Judgment entered March 8, 2019; Petition for Rehearing denied April 15, 2019. iii UI.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-28
DISTRIBUTED for Conference of 10/1/2019.
2019-07-31
Waiver of right of respondents Sarpy County, NE; L. Kenneth Polikov; Jennifer Miralles to respond filed.
2019-07-30
Waiver of right of respondents The City of Papillion; Bryan Svajgl; Scott Lyons & Benjamin Iversen to respond filed.
2019-07-15
Petition for a writ of certiorari filed. (Response due August 16, 2019)

Attorneys

Sarpy County, NE; L. Kenneth Polikov; Jennifer Miralles
Brandy Rae JohnsonGovernmental Law, LLC, Respondent
The City of Papillion; Bryan Svajgl; Scott Lyons & Benjamin Iversen
Ryan M. KunhartDvorak Law Group, LLC, Respondent
Wadith Stockinger Nader, et al.
Christopher J. TjadenEvans & Dixon, LLC, Petitioner