No. 18-99

Johnny Barnes v. Joseph Gerhart, et al.

Lower Court: Fifth Circuit
Docketed: 2018-07-23
Status: Denied
Type: Paid
Response RequestedRelisted (3)
Tags: civil-rights confidential-informant drug-surveillance due-process fourth-amendment law-enforcement law-enforcement-action police-misconduct qualified-immunity search-and-seizure unreasonable-search
Key Terms:
FourthAmendment FifthAmendment Privacy
Latest Conference: 2019-02-15 (distributed 3 times)
Question Presented (from Petition)

(1) Did the Fifth Circuit wrongly hold that Officer Barnes' mistake was "unreasonable" under the Fourth Amendment?

(2) In the alternative, did the Fifth Circuit wrongly deny Officer Barnes qualified immunity?

(3) At a minimum, should this case be GVR'd in light of Sause v. Bauer, 138 S.Ct. 2561 (June 28, 2018), Kisela v. Hughes, 138 S.Ct. 1148 (Apr. 2, 2018), and District of Columbia U. Wesby, 138 S.Ct. 577 (Jan. 22, 2018).

Question Presented (AI Summary)

Did the Fifth Circuit wrongly hold that Officer Barnes' mistake was 'unreasonable' under the Fourth Amendment?

Docket Entries

2019-04-09
Record returned to the U.S.C.A. for the Fifth Circuit (1 envelope).
2019-02-19
Petition DENIED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-23
Record received from the U.S.D.C. for the Southern District of Mississippi (one DVD). The remainder of the record is available on PACER.
2019-01-15
Record received from the U.S.C.A. for the Fifth Circuit (1 envelope).
2019-01-03
Record Requested.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-21
Reply of petitioner Johnny Barnes filed.(12/4/2018)
2018-11-15
Brief of respondents Joseph Gerhart, et al. in opposition filed.(11/16/2018)
2018-10-16
Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2018.
2018-10-12
Motion to extend the time to file a response from October 19, 2018 to November 19, 2018, submitted to The Clerk.
2018-09-19
Response Requested. (Due October 19, 2018)
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-07-19
Petition for a writ of certiorari filed. (Response due August 22, 2018)

Attorneys

Johnny Barnes
Gary E. FriedmanPhelps Dunbar, Petitioner
Joseph Gerhart, et al.
Charles Robert McRaeMcRae Law Firm, Respondent