No. 19-956

Donald E. Craig, et al. v. Janet Turner O'Kelley, Individually and as Personal Representative of the Estate of John Harley Turner, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-01-30
Status: Denied
Type: Paid
Amici (1)
Tags: civil-procedure civil-rights clearly-established-law due-process government-officers harlow-standard harlow-v-fitzgerald moore-v-pederson panel-decision qualified-immunity timing-circumstance
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2020-04-03
Question Presented (AI Summary)

Whether timing constitutes an extraordinary circumstance for qualified immunity

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a panel decision decided nine days before the relevant conduct in question constitutes clearly established law to deprive government officers of qualified immunity. See D. C. v. Wesby, 138 S. Ct. 577, 591 (2018) (“We have not yet decided what precedents—other than our own—qualify as controlling authority for purposes of qualified immunity.”). 2. Whether timing constitutes an extraordinary circumstance as articulated by Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), such that a police officer may nonetheless be entitled to qualified immunity despite the law being clearly established nine days earlier. 3. Whether the Eleventh Circuit erred in holding that a general principal of law announced in Moore v. Pederson, 806 F.3d 1036 (11th Cir. 2015), firmly established with the requisite degree of particularity that the officers violated clearly established law in the particular circumstances they faced.

Docket Entries

2020-04-06
Petition DENIED.
2020-03-18
DISTRIBUTED for Conference of 4/3/2020.
2020-03-17
Reply of petitioners Sheriff Donald Craig, et al. filed.
2020-03-02
Brief of respondents Janet O'Kelley, et al. in opposition filed.
2020-03-02
Brief amicus curiae of International Municipal Lawyers Association filed.
2020-02-19
Record requested from the U.S.C.A. 11th Circuit.
2020-01-27
Petition for a writ of certiorari filed. (Response due March 2, 2020)

Attorneys

International Municipal Lawyers Association
Christopher D. BalchBalch Law Group, Amicus
Christopher D. BalchBalch Law Group, Amicus
Janet O'Kelley, et al.
Sidney Leighton Moore IIIThe Moore Firm, P.C., Respondent
Sidney Leighton Moore IIIThe Moore Firm, P.C., Respondent
Sheriff Donald Craig, et al.
Russell Alan BrittHall Booth Smith, P.C., Petitioner
Russell Alan BrittHall Booth Smith, P.C., Petitioner