No. 23-1343

Darwin Quinones-Pimentel, et al. v. Nicholas W. Cannon, et al.

Lower Court: First Circuit
Docketed: 2024-06-26
Status: Denied
Type: Paid
Response Waived
Tags: bivens-action civil-rights constitutional-tort federal-agents fourth-amendment frank-v-delaware monetary-damages search-warrant
Key Terms:
SocialSecurity FourthAmendment Takings CriminalProcedure TradeSecret Copyright JusticiabilityDoctri Jurisdiction
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether a Bivens action can be maintained against federal agents and actors when a search warrant is obtained in violation of the doctrine established in Frank v. Delaware, and the search and seizure warrant requirement under circumstances not significantly different from those recognized under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971)?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WHETHER A _ BIVENS ACTION BE MAINTAINED AGAINST FEDERAL AGENTS AND ACTORS WHEN A SEARCH WARRANT IS OBTAINED IN VIOLATION OF THE DOCTRINE ESTABLISHED IN FRANK V. DELAWARE, AND THE SEARCH AND SEIZURE WARRANT REQUIREMENT UNDER CIRCUMSTANCES NOT SIGNIFICANTLY DIFFERENT FROM THOSE RECOGNIZED UNDER BIVENS V. SIX UNKNOWN NAMED AGENTS OF FED. BUREAU OF NARCOTICS, 403 U.S. 388 (1971)? ll. WHETHER CORPORATIONS HAVE FOURTH AMENDMENT CONSTITUTIONAL RIGHTS THAT ALLOW THEM TO BRING A BIVENS ACTION AGAINST FEDERAL AGENTS AND ACTORS, SEEKING DETERMINATIONS OF LIABILITIES AND MONETARY DAMAGES, UNDER’ THE DOCTRINE OF BIVENS V. SIX UNKNOWN NAMED AGENTS OF FED. BUREAU OF NARCOTICS, 403 U.S. 388 (1971), AS A PLAINTIFF IN A TRIAL BY JURY? I. WHETHER THE SEVENTH AMENDMENT COMPELS FEDERAL COURTS OPERATING UNDER FEDERAL QUESTION JURISDICTION PURSUANT TO 28 U.S.C. § 1331 TO DECIDE CONSTITUTIONAL TORT CLAIMS BASED ON COMMON LAW, EVEN IF THERE u ARE NO STATUTORY OR COURTCREATED REMEDIES FOR MONETARY DAMAGES UNDER THE DOCTRINE OF CASES AND CONTROVERSY PLEADING STANDARDS?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-07
DISTRIBUTED for Conference of 9/30/2024.
2024-07-17
Waiver of right of respondent Bert Eichhorn, Kevin Gedeon, Emily Rinkel, Jordan Smith to respond filed.
2024-07-11
Waiver of Federal Respondents of right to respond submitted.
2024-07-11
Waiver of right of respondent Federal Respondents to respond filed.
2024-04-08
Petition for a writ of certiorari filed. (Response due July 26, 2024)

Attorneys

Bert Eichhorn, Kevin Gedeon, Emily Rinkel, Jordan Smith
Chad M. HaganHagan Noll & Boyle LLC, Respondent
Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent
Quinones-Pimentel, et al.
Marina Tramontozzi — Petitioner