No. 20-1060

Jose Oliva v. Mario Nivar, et al.

Lower Court: Fifth Circuit
Docketed: 2021-02-03
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: bivens bivens-remedy civil-rights constitutional-remedy constitutional-violation federal-police fourth-amendment law-enforcement search-and-seizure
Key Terms:
FourthAmendment FifthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-05-20 (distributed 2 times)
Question Presented (AI Summary)

Whether claims against federal police for Fourth Amendment violations committed during standard law enforcement operations fall within an established context for Bivens

Question Presented (OCR Extract)

QUESTION PRESENTED Federal police working as security at a Veterans Affairs hospital unreasonably seized seventy-yearold veteran José Oliva, choking and slamming him to the ground without justification. Despite this Court’s admonition in Ziglar v. Abbasi that a constitutional remedy is available for search-and-seizure claims “in this common and recurrent sphere of law enforcement,” 187 S. Ct. 1848, 1856-1857 (2017), the Fifth Circuit held that Oliva could not sue the officers for the violation of his constitutional rights because Oliva’s case is not factually identical to Bivens v. Sic Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Pet. App. 6a—Ta. The question presented is: Whether claims against federal police for Fourth Amendment violations committed during standard law enforcement operations fall within an established context for Bivens, as the First, Second, Third, Fourth, Sixth, Ninth, and Eleventh Circuits have held, or whether, as the Fifth Circuit holds below, such claims present a new context unless they involve narcotics officers “manacling the plaintiff in front of his family in his home and stripsearching him in violation of the Fourth Amendment.” Pet. App. 5a.

Docket Entries

2021-08-02
Rehearing DENIED.
2021-07-08
DISTRIBUTED.
2021-06-17
2021-05-24
Petition DENIED.
2021-05-04
DISTRIBUTED for Conference of 5/20/2021.
2021-05-03
Reply of petitioner Jose Oliva filed. (Distributed)
2021-04-16
Brief of respondents Mario Garcia and Hector Barahona in opposition filed.
2021-04-15
Brief of respondent Mario Nivar in opposition filed.
2021-03-17
Response Requested. (Due April 16, 2021)
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-03
Brief amici curiae of American Civil Liberties Union, et al. filed.
2021-03-02
Waiver of right of respondent Mario Nivar to respond filed.
2021-02-23
Brief amicus curiae of Peter H. Schuck filed.
2021-02-17
Waiver of right of respondent Hector Barahona to respond filed.
2021-02-17
Waiver of right of respondent Mario Garcia to respond filed.
2021-02-09
Brief amicus curiae of Professor Seth W. Stoughton filed.
2021-01-29
Petition for a writ of certiorari filed. (Response due March 5, 2021)

Attorneys

American Civil Liberties Union, Cato Institute, DKT Liberty Project, and Law Enforcement Action Partnership
Theane Evangelis KapurGibson, Dunn and Crutcher, LLP, Amicus
Theane Evangelis KapurGibson, Dunn and Crutcher, LLP, Amicus
Hector Barahona
Louis Elias Lopez Jr. — Respondent
Louis Elias Lopez Jr. — Respondent
Jose Oliva
Patrick Michael JaicomoInstitute for Justice, Petitioner
Patrick Michael JaicomoInstitute for Justice, Petitioner
Mario Garcia
Gabriel Steven PerezOrtega, McGlashan, Hicks & Perez, Respondent
Gabriel Steven PerezOrtega, McGlashan, Hicks & Perez, Respondent
Mario Nivar
James Kerby JoplingAttorney at Law, Respondent
James Kerby JoplingAttorney at Law, Respondent
Peter H. Schuck
Scott Payne MartinPerkins Coie LLP, Amicus
Scott Payne MartinPerkins Coie LLP, Amicus
Professor Seth W. Stoughton
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Amicus
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Amicus