No. 23-950

Michael J. Lindell, et al. v. United States, et al.

Lower Court: Eighth Circuit
Docketed: 2024-02-29
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 4th-amendment cell-phone-seizure civil-rights electronic-data fourth-amendment free-speech legal-precedent preliminary-injunction retaliation seizure warrant-particularity
Key Terms:
FirstAmendment FourthAmendment
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Whether a preliminary injunction may be granted if it requests the ultimate relief sought in the litigation

Question Presented (OCR Extract)

QUESTIONS PRESENTED The extraordinary number of conclusions in the opinion below that conflict starkly with applicable precedents smacks of a judicial process that strains to reach a result based on the identity of the parties rather than the rule of law. The maneuvers of the Eighth Circuit to evade the governing precedents that protect Lindell’s First and Fourth Amendment rights have produced a decision crafted to apply only to Lindell, unanchored to the well-established legal principles that safeguard the rights of everyone else. The case presents the following questions: 1. Whether a preliminary injunction may be granted if it requests the ultimate relief sought in the litigation. 2. Whether a warrant is invalid for failure to comply with the particularity requirement of the Fourth Amendment where the warrant authorizes the seizure of all electronic data stored on a cell phone without particularly describing the data to be seized.

Docket Entries

2024-04-15
Petition DENIED.
2024-03-20
DISTRIBUTED for Conference of 4/12/2024.
2024-03-13
Waiver of right of respondent United States, et al. to respond filed.
2024-02-26

Attorneys

Michael J. Lindell and MyPillow, Inc.
Patrick Michael McSweeneyMcSweeney, Cynkar & Kachouroff, PLLC , Petitioner
Patrick Michael McSweeneyMcSweeney, Cynkar & Kachouroff, PLLC , Petitioner
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent