No. 19-6028

Adam Lane v. Adam Nading, et al.

Lower Court: Eighth Circuit
Docketed: 2019-09-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-usc-1983 4th-amendment civil-rights constitutional-violation fourth-amendment knock-and-announce parole-search parole-searches qualified-immunity
Latest Conference: 2019-11-15
Question Presented (from Petition)

1. With a Fourth Amendment knock-and-announce violation in Petitioner's parole search, and where no case in nearly 50 years ever held that knock-and-announce did not apply to parole and probation searches, is that "clearly established law" or "robust consensus" of case law for qualified immunity in a 42 U.S.C. § 1983 case? (Or, does Samson v. California undo all that case law under the Fourth Amendment?)

2. Without Congressional approval in 42 U.S.C. § 1983, should qualified immunity be reconsidered or eliminated in Fourth Amendment cases because qualified immunity leaves these constitutional violations wholly unremedied and undermines police deference to and respect for the Fourth Amendment?

Question Presented (AI Summary)

Whether qualified immunity applies to § 1983 actions for failure to knock-and-announce in parole searches

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-14
Waiver of right of respondent Adam Nading to respond filed.
2019-10-07
Waiver of right of respondent Joseph M. Biyd to respond filed.
2019-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2019)

Attorneys

Adam Lane
John Wesley Hall Jr.John Wesley Hall, Jr., P.A., Petitioner
Adam Nading
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Joseph M. Biyd
Colby T. RoeDaily & Woods, P.L.L.C., Respondent