No. 18-8377

Walter D. Booker v. T. Johnson, et al.

Lower Court: Fourth Circuit
Docketed: 2019-03-11
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 42-usc-1983 civil-rights criminal-procedure fourth-amendment investigative-detention probable-cause qualified-immunity reasonable-suspicion section-1983 seizure
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-06-06 (distributed 2 times)
Question Presented (from Petition)

WHETHER THE OFFICERS HAD REASONABLE SUSPICION TO SEIZE MR. BOOKER SHABAZZALLAH?

WHETHER THE OFFICERS HAD PROBABLE CAUSE TO CONVERT SEIZURE INTO AN ARREST OF MR. BOOKER SHABAZZALLAH AND TRANSPORT HIM TO THE POLICE STATION FOR MURDER INVESTIGATIVE DETENTION?

WHETHER THE COURTS IMPROPERLY, WEIGHED EVIDENCE AND RESOLVED DISPUTED ISSUES IN FAVOR OF MOVING PARTY IN HOLDING THAT POLICE OFFICERS ACTIONS DID NOT VIOLATE CLEARLY ESTABLISHED LAW?

WHETHER MR. BOOKER SHABAZZALLAH STATED A 42 U.S. -C.§ 1983CLAIM UNDER THE FOURTH AMENDMENT AGAINST DETECTIVE LUCK AND DETECTIVE KEOUGH?

WHETHER DETECTIVE LUCK"S AND SGT. JOHNSON"S STATEMENT WERE ADMISSIBLE EVIDENCE FOR SUMMARY JUDGMENT DISPOSITION IN CONFLICT WITH SARTOR V ARKANSAS NATURAL GAS CORP. 321 U.S. 620 (1944)?

WHETHER AN UNSWORN STATEMENT OF A DEFENDANT IN A 198 3COMPLAINT ATTACHED AS AN EXHIBIT TO PLAINTIFFS PLEADING TO SUPPORT THE PLAINTIFF'S ALLEGATION UNDER FED. R.C.P. 10(c) ,THAT THE OFFICER MADE THE STATEMENT, BUT NOT THE TRUTH OF THE STATFMENT,BE USED BY THE COURT SUA SPONTE TO DISMISS 'A CLAIM AND/OR ESTABLISH REASONABLE SUSPICION UNDER THE FOURTH AMENDMENT?

Question Presented (AI Summary)

Whether the officers had reasonable suspicion to seize Mr. Booker Shabazzallah?

Docket Entries

2019-06-10
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2019-05-21
Motion DISTRIBUTED for Conference of 6/6/2019.
2019-05-09
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2019-04-15
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-26
Waiver of right of respondents T. Johnson, et al. to respond filed.
2018-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)

Attorneys

T. Johnson, et al.
James Arthur Cales IIIFurniss, Davis et al., Respondent
Walter D. Booker
Walter Booker — Petitioner