Barry Damon Mallatere v. Town of Boone, North Carolina
SocialSecurity FourthAmendment CriminalProcedure Privacy Jurisdiction
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?
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?