No. 21-187

Hamdi Mohamud v. Heather Weyker

Lower Court: Eighth Circuit
Docketed: 2021-08-10
Status: Denied
Type: Paid
Amici (2)Relisted (2) Experienced Counsel
Tags: bivens bivens-remedy circuit-split civil-rights constitutional-violation fourth-amendment law-enforcement-overreach qualified-immunity ziglar-v-abbasi
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2022-06-16 (distributed 2 times)
Question Presented (AI Summary)

Whether a constitutional remedy is available against federal officers for individual instances of law enforcement overreach in violation of the Fourth Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner Hamdi Mohamud is “trying to hold a rogue law-enforcement officer responsible for landing {her] in jail through lies and manipulation.” Pet. App. 2a. The officer, Respondent Heather Weyker, was denied qualified immunity because “a reasonable officer would know that deliberately misleading another officer into arresting an innocent individual to protect a sham investigation is unlawful.” Pet. App. 81a. But applying the test from Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Eighth Circuit held that Mohamud did not have a cause of action against Weyker under the Constitution because the facts of Mohamud’s case do not “exactly mirror” those of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Pet. App. 7a—8a (cleaned up). To resolve the growing circuit split on the application of Ziglar v. Abbasi, the question presented is: Whether a constitutional remedy is available against federal officers for individual instances of law enforcement overreach in violation of the Fourth Amendment.

Docket Entries

2022-08-22
Rehearing DENIED.
2022-07-28
DISTRIBUTED.
2022-07-15
2022-06-21
Petition DENIED.
2022-06-13
DISTRIBUTED for Conference of 6/16/2022.
2022-03-25
Supplemental brief of respondent United States in opposition filed. (Distributed)
2022-03-10
Supplemental brief of petitioner Hamdi Mohamud filed. (Distributed)
2021-12-09
Reply of petitioner Hamdi Mohamud filed. (Distributed)
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-11-19
Brief of respondent United States in opposition filed.
2021-11-02
Motion to extend the time to file a response is granted and the time is further extended to and including November 19, 2021.
2021-11-01
Motion to extend the time to file a response from November 10, 2021 to November 19, 2021, submitted to The Clerk.
2021-09-22
Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2021.
2021-09-21
Motion to extend the time to file a response from October 12, 2021 to November 10, 2021, submitted to The Clerk.
2021-09-09
Brief amici curiae of American Civil Liberties Union, et al. filed.
2021-09-08
Brief amicus curiae of Peter Schuck filed.
2021-08-25
Motion to extend the time to file a response is granted and the time is extended to and including October 12, 2021.
2021-08-24
Motion to extend the time to file a response from September 9, 2021 to October 12, 2021, submitted to The Clerk.
2021-08-06
Petition for a writ of certiorari filed. (Response due September 9, 2021)

Attorneys

American Civil Liberties Union, et al.
Theane Evangelis KapurGibson, Dunn and Crutcher LLP, Amicus
Theane Evangelis KapurGibson, Dunn and Crutcher LLP, Amicus
Hamdi Mohamud
Patrick Michael JaicomoInstitute for Justice, Petitioner
Patrick Michael JaicomoInstitute for Justice, Petitioner
Peter Schuck
Sheldon EisenbergSullivan & Triggs, LLP, Amicus
Sheldon EisenbergSullivan & Triggs, LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent