No. 20-1788

City of New York, New York, et al. v. Jarrett Frost

Lower Court: Second Circuit
Docketed: 2021-06-23
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (4) Experienced Counsel
Tags: civil-procedure civil-rights due-process evidence-fabrication fourth-amendment pretrial-detention probable-cause section-1983
Key Terms:
SocialSecurity DueProcess FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2022-04-14 (distributed 4 times)
Question Presented (AI Summary)

Whether a § 1983 plaintiff may pursue a due process-based claim challenging a pretrial detention supported by probable cause, independent of the disputed evidence

Question Presented (OCR Extract)

QUESTION PRESENTED In Manuel v. City of Joliet, 1387S. Ct. 911 (2017), this Court recognized that the Fourth Amendment, not the Due Process Clause, governs claims challenging pretrial detentions based on allegations of evidence fabrication. Here, however, despite rejecting a § 1983 plaintiffs Fourth Amendment challenge to his pretrial detention because it was supported by probable cause, independent of the disputed evidence, a split panel of the U.S. Court of Appeals for the Second Circuit permitted him to pursue a due process-based claim challenging the same lawfully supported detention. The question presented is: Where a § 1983 plaintiff alleges that his pretrial detention was influenced by fabricated evidence, and the existence of probable cause independent of the challenged evidence defeats his Fourth Amendment claim, may he still pursue a due process-based claim based on alleged use of the same challenged evidence in securing the same pretrial detention? (i)

Docket Entries

2022-04-18
Petition DENIED.
2022-04-11
DISTRIBUTED for Conference of 4/14/2022.
2021-11-01
DISTRIBUTED for Conference of 11/5/2021.
2021-10-15
Reply of petitioners The City of New York, et al. filed. (Distributed)
2021-10-13
DISTRIBUTED for Conference of 10/29/2021.
2021-09-29
Brief of respondent Jarrett Frost in opposition filed.
2021-08-06
Motion to extend the time to file a response is granted and the time is extended to and including September 29, 2021.
2021-08-05
Motion to extend the time to file a response from August 30, 2021 to September 29, 2021, submitted to The Clerk.
2021-07-29
Response Requested. (Due August 30, 2021)
2021-07-28
DISTRIBUTED for Conference of 9/27/2021.
2021-07-23
Waiver of right of respondent Jarrett Frost to respond filed.
2021-06-21
Petition for a writ of certiorari filed. (Response due July 23, 2021)

Attorneys

Jarrett Frost
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Respondent
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Respondent
The City of New York, et al.
Richard Paul DearingNew York City Law Department, Petitioner
Richard Paul DearingNew York City Law Department, Petitioner