No. 24-473

Karen Jimerson, et al. v. Mike Lewis

Lower Court: Fifth Circuit
Docketed: 2024-10-29
Status: Denied
Type: Paid
Amici (2)Relisted (4) Experienced Counsel
Tags: circuit-split constitutional-rights fourth-amendment law-enforcement qualified-immunity search-warrant
Key Terms:
SocialSecurity FourthAmendment DueProcess Securities Privacy JusticiabilityDoctri
Latest Conference: 2025-02-21 (distributed 4 times)
Question Presented (AI Summary)

Whether Maryland v. Garrison clearly established that officers violate the Fourth Amendment when they search the wrong house without checking the address or conspicuous features of the house to be searched

Question Presented (OCR Extract)

QUESTION PRESENTED In Maryland v. Garrison, this Court addressed the constitutional implications of police officers executing a search warrant at the wrong location. The Court explained that the Fourth Amendment requires officers to make “a reasonable effort to ascertain and identify the place intended to be searched[.]” 480 U.S. 79, 88 (1987). Addressing claims of qualified immunity, three circuits— the Eighth, Ninth, and Eleventh—hold that Garrison clearly established the law: Officers violate the Fourth Amendment when they search a house without first checking that it shares the address or conspicuous features of the place they intend to search. But the Fifth Circuit holds below that Garrison merely articulates a “general principle” insufficient to clearly establish the law. As Judge Dennis notes in dissent, the Fifth Circuit’s cramped reading of Garrison created a circuit split. Pet. App. 21a. The question presented is: Whether Maryland v. Garrison clearly established that officers violate the Fourth Amendment when they search the wrong house without checking the address or conspicuous features of the house to be searched.

Docket Entries

2025-02-24
Petition DENIED. Justice Sotomayor and Justice Jackson would grant the petition for a writ of certiorari.
2025-02-14
DISTRIBUTED for Conference of 2/21/2025.
2025-01-21
DISTRIBUTED for Conference of 1/24/2025.
2025-01-13
DISTRIBUTED for Conference of 1/17/2025.
2024-12-24
DISTRIBUTED for Conference of 1/10/2025.
2024-12-20
2024-12-20
Reply of Karen Jimerson submitted.
2024-12-19
Waiver of Karen Jimerson of the 14-day waiting period submitted.
2024-12-19
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
2024-12-11
2024-12-11
Brief of Mike Lewis in opposition submitted.
2024-11-29
2024-11-22
2024-10-31
Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2024.
2024-10-30
Motion to extend the time to file a response from November 29, 2024 to December 30, 2024, submitted to The Clerk.
2024-10-24
Petition for a writ of certiorari filed. (Response due November 29, 2024)
2024-07-17
Application (24A55) granted by Justice Alito extending the time to file until October 24, 2024.
2024-07-15
Application (24A55) to extend the time to file a petition for a writ of certiorari from September 24, 2024 to November 23, 2024, submitted to Justice Alito.

Attorneys

Cato Institute
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
Karen Jimerson
Patrick Michael JaicomoInstitute for Justice, Petitioner
Patrick Michael JaicomoInstitute for Justice, Petitioner
Mike Lewis
David Randall MontgomeryD. Randall Montgomery & Associates, PLLC, Respondent
David Randall MontgomeryD. Randall Montgomery & Associates, PLLC, Respondent
The Rutherford Institute
Erin Glenn Busby — Amicus
Erin Glenn Busby — Amicus