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Searcey v. Dean

Petition for certiorari denied on March 4, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-648 8th Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether in 1989 a law-enforcement officer violated a plaintiff’s substantive due process rights merely by recklessly gathering “unreliable” evidence implicating the plaintiff in a crime even if the prosecutor and defense counsel had access to all information needed to assess the reliability of the evidence gathered, and even if the evidence gathered was never used at a plaintiff’s criminal trial because the plaintiff voluntarily pleaded to charges; (2) whether in 1989 a law-enforcement officer violated a plaintiff’s clearly established substantive due process right prohibiting the “manufacture of false evidence” by conducting an interview or interrogation during which false statements incriminating the plaintiff were made, even if the plaintiff voluntarily pleaded to charges; and (3) whether a county can be liable for the decision of a sheriff, as final policymaker, to fail to stop a multi-suspect investigation when the jury found that the sheriff was not responsible for any constitutional violation or any conspiracy; the plaintiffs identified no municipal policy; and there was no evidence of a historical pattern of constitutional violations.

DateProceedings and Orders (key to color coding)
Oct 01 2018Application (18A379) to extend the time to file a petition for a writ of certiorari from October 15, 2018 to November 15, 2018, submitted to Justice Gorsuch.
Oct 10 2018Application (18A379) granted by Justice Gorsuch extending the time to file until November 14, 2018.
Nov 14 2018Petition for a writ of certiorari filed. (Response due December 19, 2018)
Dec 19 2018Waiver of James Dean, et al. of right to respond not accepted for filing. (December 20, 2018)
Dec 20 2018Waiver of right of respondent Debra Shelden to respond filed.
Dec 20 2018Waiver of right of respondents Lois White, Personal Represenative for the Estate of Joseph White, et al. to respond filed.
Dec 21 2018Waiver of right of respondent James Dean to respond filed.
Jan 02 2019DISTRIBUTED for Conference of 1/18/2019.
Jan 09 2019Response Requested. (Due February 8, 2019)
Jan 30 2019Brief of respondents James L. Dean, et al. in opposition filed.
Feb 13 2019DISTRIBUTED for Conference of 3/1/2019.
Feb 14 2019Reply of County of Gage, et al. not accepted for filing. (February 14, 2019) (Corrected version submitted)
Feb 14 2019Reply of petitioners County of Gage, et al. filed. (Distributed)
Mar 04 2019Petition DENIED.