No. 21-947

Tettus Davis, et ux. v. Jonathon Hodgkiss

Lower Court: Fifth Circuit
Docketed: 2021-12-28
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment civil-procedure civil-rights fourth-amendment franks-challenge interlocutory-appeal probable-cause qualified-immunity search-warrant section-1983 summary-judgment
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Franks-v-Delaware-violation

Question Presented (from Petition)

QUESTION PRESENTED 1. Ina 42 US.C. § 1983 lawsuit alleging a Franks v. Delaware violation of the Fourth Amendment, where the plaintiff has made at least one substantial preliminary showing of false information, does the availability of “false in one, false in all” necessitate a civil jury to determine which other facts of the subject affidavit are also false before a judicial determination on the issue of probable cause is appropriate? 2. Ina 42 US.C. § 1983 lawsuit alleging a Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 667 (1978) violation of the Fourth Amendment, when a Defendant’s summary judgment motion is denied upon the District Court’s findings that there is an issue of material fact as to whether the Defendant recklessly, knowingly, or intentionally made a material misstatement in a search warrant affidavit, should a Court of Appeals take and decide an interlocutory appeal on the order on the summary judgment or should the Court of Appeals decline to take this matter on interlocutory appeal, in accordance with Johnson v. Jones, 515 U.S. 304 at 309-12 (1995) and summary judgment be denied without activating the qualified immunity exception to 28 U.S.C. § 1291?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-19
DISTRIBUTED for Conference of 2/18/2022.
2022-01-11
Waiver of right of respondent Jonathon Hodgkiss to respond filed.
2021-12-22
Petition for a writ of certiorari filed. (Response due January 27, 2022)
2021-12-21
Application (21A234) denied by Justice Alito.
2021-12-14
Application (21A234) to extend the time to file a petition for a writ of certiorari from December 22, 2021 to February 18, 2022, submitted to Justice Alito.

Attorneys

Jonathon Hodgkiss
Kelli Burris SmithGermer PLLC, Respondent
Kelli Burris SmithGermer PLLC, Respondent
Tettus Davis, et al.
Patrick John McLainLaw Office of Patrick J. McLain, PLLC, Petitioner
Patrick John McLainLaw Office of Patrick J. McLain, PLLC, Petitioner