No. 19-680

Kenneth Sealey, et al. v. J. Duane Gilliam, et al.

Lower Court: Fourth Circuit
Docketed: 2019-11-26
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 42-usc-1983 4th-amendment civil-rights due-process summary-judgment civil-procedure civil-rights constitutional-rights district-court due-process fourth-circuit legal-analysis qualified-immunity standing summary-judgment
Latest Conference: 2020-04-03 (distributed 2 times)
Question Presented (from Petition)

The questions presented here are:

1. Did the Fourth Circuit err in holding that District Courts are not required to properly apply the qualified immunity analysis as to each officer and each claim at the Rule 56 summary judgment stage?

2. Did the Fourth Circuit err in holding that in cases where the qualified immunity defense is properly raised and argued, a District Court may nevertheless refuse to rule, at the summary judgment stage, on each individual officer's entitlement to qualified immunity as to each claim?

3. Did the Fourth Circuit err in holding that a District Court need not rule on an individual officer's entitlement to qualified immunity at the Rule 56 summary judgment stage if the Court deems the facts to be "convoluted?"

4. Did the Fourth Circuit err in holding that a District Court need not rule on individual officer's entitlement to summary judgment at the Rule 56 summary judgment stage if Plaintiffs simply make an allegation that officers "acted in concert to violate their constitutional rights?"

Question Presented (AI Summary)

Did the Fourth Circuit err in holding that District Courts are not required to properly apply the qualified immunity analysis as to each officer and each claim at the Rule 56 summary judgment stage?

Docket Entries

2020-04-06
Petition DENIED.
2020-03-18
DISTRIBUTED for Conference of 4/3/2020.
2020-03-13
Reply of petitioners Kenneth Sealey, et al. filed.
2020-03-02
Brief of respondents Gilliam, J., et al. in opposition filed.
2020-01-22
Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2020.
2020-01-21
Motion to extend the time to file a response from February 10, 2020 to March 2, 2020, submitted to The Clerk.
2020-01-10
Response Requested. (Due February 10, 2020)
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-16
Waiver of right of respondent Gilliam, J., et al. to respond filed.
2019-11-22
Petition for a writ of certiorari filed. (Response due December 26, 2019)

Attorneys

Gilliam, J., et al.
Catherine Emily StetsonHogan Lovells US LLP, Respondent
Kenneth Sealey, et al.
James Redfern Morgan Jr.Womble Bond Dickinson (US) LLP, Petitioner