No. 19-1370

Kimberley Thames v. City of Westland, Michigan, et al.

Lower Court: Sixth Circuit
Docketed: 2020-06-12
Status: Denied
Type: Paid
Experienced Counsel
Tags: abortions brandenburg-test criminal-threat first-amendment free-speech monell-claim municipal-liability naacp-v-claiborne-hardware qualified-immunity true-threats westland
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Did Petitioner's arrest and subsequent detention based on her speech violate her clearly established rights as set forth in Watts v. United States, 394 U.S. 705 (1969), Virginia v. Black, 538 U.S. 343 (2003), NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982), and Brandenburg v. Ohio, 395 U.S. 444 (1969), such that the arresting officers do not enjoy qualified immunity?

2. Is the City liable under Monell v. New York City Department of Social Services, 436 U.S. 658 (1978), for Thames's arrest and subsequent detention for allegedly mentioning bombs outside a facility that performs abortions—a decision which was authorized by City policy and ratified by its Chief of Police and the City's designated Rule 30(b)(6) witness?

Question Presented (AI Summary)

Did Petitioner's arrest and subsequent detention based on her speech violate her clearly established rights as set forth in Watts v. United States, Virginia v. Black, NAACP v. Claiborne Hardware Co., and Brandenburg v. Ohio, such that the arresting officers do not enjoy qualified immunity?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-22
DISTRIBUTED for Conference of 9/29/2020.
2020-07-21
Reply of petitioner Kimberley Thames filed. (Distributed) (7/21/2020)
2020-07-06
Brief of respondents City of Westland, et al. in opposition filed.
2020-06-08
Petition for a writ of certiorari filed. (Response due July 13, 2020)

Attorneys

City of Westland, et al.
Douglas James CurlewCummings, McClorey, Davis & Acho, P.L.C., Respondent
Kimberley Thames
Robert Joseph MuiseAmerican Freedom Law Center, Petitioner