No. 22-1145

David Sosa v. Martin County, Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-05-24
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: civil-rights constitutional-rights due-process fourteenth-amendment fourth-amendment legal-detention overdetention search-and-seizure warrant-validity
Key Terms:
SocialSecurity DueProcess FourthAmendment CriminalProcedure Punishment Privacy JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does Baker's right against overdetention require a reasonable analysis or only protect against mistaken overdetention for longer than three days?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Baker v. McCollan, 443 U.S. 137, 145 (1979), held that mistaken “detention pursuant to a valid warrant but in the face of repeated protests of innocence” violates the Constitution. The en banc Eleventh Circuit’s application of Baker to this case presents two questions for review. 1. Does Baker's right against overdetention require courts to apply a reasonable, analysis, or does the case only protect against mistaken overdetention for longer than three days? 2. Does Baker’s right against overdetention fall under the Fourth Amendment’s proscription against unreasonable searches and seizures, or the Fourteenth Amendment’s guarantee of substantive due process?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-12
DISTRIBUTED for Conference of 9/26/2023.
2023-07-10
2023-06-23
2023-06-23
2023-06-23
Brief of respondents Martin County, Florida, et al. in opposition filed.
2023-05-22
Petition for a writ of certiorari filed. (Response due June 23, 2023)
2023-05-16
Application (22A893) denied by Justice Thomas.
2023-05-12
Application (22A893) to extend further the time from May 22, 2023 to June 19, 2023, submitted to Justice Thomas.
2023-04-12
Application (22A893) granted by Justice Thomas extending the time to file until May 22, 2023.
2023-04-10
Application (22A893) to extend the time to file a petition for a writ of certiorari from April 20, 2023 to May 20, 2023, submitted to Justice Thomas.

Attorneys

David Sosa
Xiao WangUniversity of Virginia School of Law, Petitioner
Xiao WangUniversity of Virginia School of Law, Petitioner
David Sosa, et al.
Jared Alan McClainInstitute for Justice, Amicus
Jared Alan McClainInstitute for Justice, Amicus
Martin County, Florida, et al.
Summer Marie BarrancoPurdy, Jolly & Giuffreda, Barranco & Jisa, P.A., Respondent
Summer Marie BarrancoPurdy, Jolly & Giuffreda, Barranco & Jisa, P.A., Respondent
The Rutherford Institute
James Christopher MartinReed Smith LLP, Amicus
James Christopher MartinReed Smith LLP, Amicus