No. 22-370

Percy Utley v. City of Houston, Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2022-10-19
Status: Denied
Type: Paid
Response Waived
Tags: 5th-circuit burden-of-proof civil-procedure civil-rights due-process fifth-circuit judicial-review pleading-standard probable-cause
Key Terms:
SocialSecurity FourthAmendment FirstAmendment CriminalProcedure
Latest Conference: 2022-11-10
Question Presented (AI Summary)

Whether the Fifth Circuit has so far departed from the accepted and usual application of the pleading standard as to require this Court's correction

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the Fifth Circuit has so far departed from the accepted and usual application of the pleading standard as to require this Court’s correction. 2. Whether the Fifth Circuit has created a new and unique requirement for civil rights plaintiffs to affirmatively prove a negative when the police merely claim the existence of probable cause, without more.

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-31
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-21
Waiver of right of respondent City of Houston, Texas, et al. to respond filed.
2022-10-16
Petition for a writ of certiorari filed. (Response due November 18, 2022)

Attorneys

City of Houston, Texas, et al.
William Craft HughesCity of Houston Legal Department, Respondent
William Craft HughesCity of Houston Legal Department, Respondent
Percy Utley
Randall Lee KallinenKallinen Law PLLC, Petitioner
Randall Lee KallinenKallinen Law PLLC, Petitioner