No. 20-1060
Jose Oliva v. Mario Nivar, et al.
Tags: bivens bivens-remedy civil-rights constitutional-remedy constitutional-violation federal-police fourth-amendment law-enforcement search-and-seizure
Key Terms:
FourthAmendment FifthAmendment CriminalProcedure JusticiabilityDoctri
FourthAmendment FifthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference:
2021-05-20
(distributed 2 times)
Question Presented (from Petition)
Whether claims against federal police for Fourth Amendment violations committed during standard law enforcement operations fall within an established context for Bivens, as the First, Second, Third, Fourth, Sixth, Ninth, and Eleventh Circuits have held, or whether, as the Fifth Circuit holds below, such claims present a new context unless they involve narcotics officers "manacling the plaintiff in front of his family in his home and strip-searching him in violation of the Fourth Amendment."
Question Presented (AI Summary)
Whether claims against federal police for Fourth Amendment violations committed during standard law enforcement operations fall within an established context for Bivens
Docket Entries
2021-08-02
Rehearing DENIED.
2021-07-08
DISTRIBUTED.
2021-06-17
Petition for Rehearing filed.
2021-05-24
Petition DENIED.
2021-05-04
DISTRIBUTED for Conference of 5/20/2021.
2021-05-03
Reply of petitioner Jose Oliva filed. (Distributed)
2021-04-16
Brief of respondents Mario Garcia and Hector Barahona in opposition filed.
2021-04-15
Brief of respondent Mario Nivar in opposition filed.
2021-03-17
Response Requested. (Due April 16, 2021)
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-03
Brief amici curiae of American Civil Liberties Union, et al. filed.
2021-03-02
Waiver of right of respondent Mario Nivar to respond filed.
2021-02-23
Brief amicus curiae of Peter H. Schuck filed.
2021-02-17
Waiver of right of respondent Hector Barahona to respond filed.
2021-02-17
Waiver of right of respondent Mario Garcia to respond filed.
2021-02-09
Brief amicus curiae of Professor Seth W. Stoughton filed.
2021-01-29
Petition for a writ of certiorari filed. (Response due March 5, 2021)
Attorneys
American Civil Liberties Union, Cato Institute, DKT Liberty Project, and Law Enforcement Action Partnership
Hector Barahona
Louis Elias Lopez Jr. — Respondent
Jose Oliva
Patrick Michael Jaicomo — Institute for Justice, Petitioner
Mario Garcia
Gabriel Steven Perez — Ortega, McGlashan, Hicks & Perez, Respondent
Mario Nivar
James Kerby Jopling — Attorney at Law, Respondent
Peter H. Schuck
Scott Payne Martin — Perkins Coie LLP, Amicus
Professor Seth W. Stoughton