No. 20-580

Barry Damon Mallatere v. Town of Boone, North Carolina

Lower Court: Fourth Circuit
Docketed: 2020-11-02
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 ashcroft-v-iqbal civil-rights fourth-amendment malicious-prosecution monell-v-dept-of-soc-servs municipal-liability policymaker-liability
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure Privacy Jurisdiction
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Did the Fourth Circuit err in upholding the district court's dismissal of the Petitioner's claim for violation of 42 U.S.C. § 1983 in finding that the Petitioner did not properly allege that a policy maker's decision caused the Petitioner's harm?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Fourth Circuit affirmed in part, vacated in part, and remanded the district court’s dismissal over the Petitioner’s, Barry Damon Mallatre, causes of action. The Petitioner pled a violation of 42 U.S.C. § 1983, Malicious Prosecution under North Carolina law and in the alternative that the Respondent violated the Petitioner’s Rights under the Fourth Amendment to the United States Constitution. Two Questions Presented: 1. Did the Fourth Circuit err in upholding the district court’s dismissal of the Petitioner’s claim for violation of 42 U.S.C. § 1983 in finding that the Petitioner did not properly allege that a policy maker’s decision caused the Petitioner’s harm? 2. Should the Court re-examine their holding in Monell v. Dept. of Soc. Servs.,436 U.S. 658 (1978) and Ashcroft v. Iqbal, 556 U.S. 662 (2009) that municipalities can’t be held liable for the violations of civil rights by their employees under the theory of respondeat superior no matter the policy or custom?

Docket Entries

2021-01-25
Petition DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-23
Waiver of right of respondent Town of Boone, North Carolina to respond filed.
2020-11-19
Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2021.
2020-11-13
Motion to extend the time to file a response from December 2, 2020 to January 4, 2021, submitted to The Clerk.
2020-10-28
Petition for a writ of certiorari filed. (Response due December 2, 2020)

Attorneys

Barry Mallatere
Nathan Arthur MillerMiller and Johnson, PLLC, Petitioner
Town of Boone, North Carolina
Ann C. RoweDavis & Hamrick, L.L.P., Respondent