No. 19-188

Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al.

Lower Court: Fifth Circuit
Docketed: 2019-08-13
Status: Denied
Type: Paid
Tags: administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-10-11
Question Presented (from Petition)

A search of a medical clinic pursuant to an administrative search warrant that resulted in the doctor being detained for three to four hours under circumstances found by the district court to constitute an arrest. During that time, an investigator, who is a peace officer under state law with the power to make arrests without warrant for a crime committed in his presence, pushed the doctor down, drew his gun multiple times, and limited the doctor's movement and access to facilities such as the restroom.

The issues are (1) whether these allegations establish a clearly defined Fourth Amendment violation, namely an arrest made without probable cause and the intrusive detention, such that the investigator may not rely upon a qualified immunity defense; and (2) whether the Fifth Circuit violated the standard of review for a judgment on the pleadings and holding in Tolan v. Cotton, 572 U.S. 650, 660 (2014) (per curiam) "by weighing the evidence and reaching factual inferences contrary to [petitioner's] competent evidence" in determining whether the investigator's "actions violated clearly established law."

Question Presented (AI Summary)

Whether the allegations establish a Fourth Amendment violation and qualified immunity defense

Docket Entries

2019-10-15
Petition DENIED.
2019-09-25
DISTRIBUTED for Conference of 10/11/2019.
2019-08-07
Petition for a writ of certiorari filed. (Response due September 12, 2019)

Attorneys

Ikechukwu H. Okorie
Ikechukwu Hyginus Okorie — Petitioner