No. 23-513

Randy Smith, Sheriff, et al. v. Jerry Rogers, Jr.

Lower Court: Fifth Circuit
Docketed: 2023-11-15
Status: Denied
Type: Paid
Response Waived
Tags: 42-U.S.C.-§-1983 42-usc-1983 civil-rights constitutional-law constitutional-rights discretionary-functions government-officials harlow-v-fitzgerald legal-doctrine qualified-immunity statutory-rights
Key Terms:
SocialSecurity FourthAmendment FirstAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2023-12-08
Question Presented (AI Summary)

What does it mean for a statutory or constitutional right to be 'clearly established,' beyond debate for purposes of § 1983 qualified immunity?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Qualified immunity is a legal doctrine of federal constitutional law that grants government officials performing discretionary functions immunity from lawsuits unless the official violates clearly established statutory or constitutional rights of which a reasonable person would have known. 42 U.S.C. § 1983; see also Harlow v. Fitzgerald, 457 U.S. 800, 102 S. Ct. 2727, 73 L. Ed. 2d 396, 1982 U.S. LEXIS 139, *1. The questions presented are: 1. What does it mean for a _ statutory or constitutional right to be “clearly established,” beyond debate for purposes of § 1983 qualified immunity? 2. When can a government official be held liable for effectuating an arrest made under authority of a properly issued warrant?

Docket Entries

2023-12-11
Petition DENIED.
2023-11-22
Application (23A417) denied by Justice Alito.
2023-11-21
DISTRIBUTED for Conference of 12/8/2023.
2023-11-17
Waiver of right of respondent Jerry Rogers, Jr. to respond filed.
2023-11-07
Petition for a writ of certiorari filed. (Response due December 15, 2023)
2023-11-07

Attorneys

Jerry Rogers, Jr.
William Brock MostMost & Associates, Respondent
William Brock MostMost & Associates, Respondent
Randy Smith, et al.
Chadwick William CollingsMilling Benson Woodward, L.L.P., Petitioner
Chadwick William CollingsMilling Benson Woodward, L.L.P., Petitioner