Erin Wade, et al. v. City of Houston, Texas, et al.
SocialSecurity FirstAmendment FourthAmendment DueProcess FifthAmendment CriminalProcedure Securities JusticiabilityDoctri
Whether the Supreme Court should correct the Fifth Circuit's departure from accepted judicial proceedings and pleading standards in civil rights cases involving mass arrests and qualified immunity
QUESTIONS PRESENTED 1. Whether this Court should correct the Fifth Circuit’s departure from the accepted and usual course of judicial proceedings by selectively eliminating key factual allegations in order to reach its desired conclusion. 2. Whether this Court should correct the Fifth Circuit’s departure from the other Circuit Courts of Appeals with respect to the pleading standards in civil rights cases, effectively creating a new and unique requirement for civil rights plaintiffs to affirmatively prove the absence of probable cause at the pleading stage. 3. Whether this Court should correct the Fifth Circuit’s conflict with the Texas Court of Criminal Appeals’ decision with respect to the application of the First Amendment in mass arrest and protest cases. 4. Whether this Court should revisit the propriety and scope of the qualified immunity defense.