No. 23-1107

Joan Ghougoian, et al. v. Lamarr Monson

Lower Court: Sixth Circuit
Docketed: 2024-04-11
Status: Denied
Type: Paid
Tags: 4th-amendment civil-rights constitutional-standard devenpeck fourth-amendment malicious-prosecution manuel pre-trial-detention probable-cause section-1983
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2024-06-13
Question Presented (AI Summary)

Whether the Fourth Amendment's objective standard applies to all claims arising thereunder, such that there is no violation so long as probable cause exists to believe that an individual has committed any crime?

Question Presented (from Petition)

QUESTIONS PRESENTED Reverse conviction cases are overwhelming headlines and local governmental entities.1 Courts are grappling with the significant issues arising in these cases, including the application of the appropriate constitutional standards and the boundaries of a testimonial oath, both pillars of our justice system. This case provides a vehicle for the Court to provide guidance in reverse conviction cases on these core issues and align the Court’s prior holdings in Devenpeck, Manuel, and Thompson. In Devenpeck v. Alford, 543 U.S. 146, 148 (2004), the Court held that an arrest is reasonable in the face of probable cause for any crime. In Manuel v. City of Joliet, 580 U.S. 357 (2017), the Court then extend Fourth Amendment protections to all pre-trial detentions. And in Thompson v. Clark, 596 US. 36 (2022), the Court accepted that malicious prosecution is a valid Fourth Amendment claim. Relying on Thompson, and throwing Devenpeck aside, the Sixth Circuit now requires that officers have probable cause for the specific crime for which a prosecutor elects to issue charges. These holdings are irreconcilable. To address these trembling pillars of American justice, Petitioners present the following questions: 1. Whether the Fourth Amendment’s objective standard applies to all claims arising thereunder, such that there is no violation so long as probable cause exists to believe that an individual has committed any crime? 1 Lartey, J., In 2022, Exonerations Hit a Record High in the U.S., (last accessed April 3, 2024). ii 2. Whether an individual can challenge the voluntariness of a statement in a suit brought under Section 1983 after being given the opportunity to challenge it and testifying under oath that it was voluntary in state court? ili PARTIES TO THE PETITION Petitioners and below e Joan Ghougoian e Barbara Simon e Charles Braxton, and e Vincent Crocket Respondent and Plaintiff-Appellee below e Lamarr Monson iv LIST OF PROCEEDINGS Direct Proceedings below United States Court of Appeals (Sixth Circuit) Nos. 22-2050/22-2122 Lamar Monson v. Joan Ghougoian, et al. Date of Final Opinion: January 8, 2024 United States District Court (E.D. Mich.) No. 18-cv-10638 Lamar Monson v. Joan Ghougoian, et al. Summary Judgement Opinion: November 9, 2022 Supplemental Summary Judgment Opinion: December 6, 2022

Docket Entries

2024-06-17
Petition DENIED.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-24
2024-05-13
2024-04-07
Petition for a writ of certiorari filed. (Response due May 13, 2024)

Attorneys

Joan Ghougoian, et al.
Kali May Lester HendersonSeward Henderson PLLC, Petitioner
Kali May Lester HendersonSeward Henderson PLLC, Petitioner
Lamarr Monson
Joseph Conrad SmithJoseph Conrad Smith, P.C., Respondent
Joseph Conrad SmithJoseph Conrad Smith, P.C., Respondent
Lateesa Thamani WardWard & Wilson, P.C., Respondent
Lateesa Thamani WardWard & Wilson, P.C., Respondent