No. 20-502

Ken Mascara, in His Official Capacity as Sheriff of St. Lucie County, Florida, et al. v. Viola Bryant, as Personal Representative of the Estate of Gregory Vaughn Hill, Jr.

Lower Court: Eleventh Circuit
Docketed: 2020-10-16
Status: Denied
Type: Paid
Tags: civil-police-liability civil-rights due-process evidence evidence-admissibility harmless-error judicial-review police-liability probation probationary-status rules-of-evidence standard-of-review
Key Terms:
SocialSecurity CriminalProcedure
Latest Conference: 2021-01-08
Question Presented (from Petition)

Whether this Court should adopt a more flexible standard of admissibility of evidence than what is required by Huddleston v. U.S., 485 U.S. 681 (1988) under Rules 403 and 404(b), regarding the determination of prejudice in civil police liability cases, which often involve Plaintiffs who are on probation, have criminal histories, warrants, or possess evidence of a crime that is unknown to the officer but helps explain their response to law enforcement officers performing their duties?

Did the Eleventh Circuit panel disregard the appropriate standards of review and the appropriate application of the harmless error rule, making themselves impregnable citadels of technicality in this case, resulting in a departure from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's supervisory power?

Question Presented (AI Summary)

Whether the Court should adopt a more flexible standard of admissibility of evidence than Huddleston v. U.S. under Rules 403 and 404(b) in civil police liability cases involving plaintiffs with criminal histories

Docket Entries

2021-01-11
Petition DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-11-16
Brief of respondent Viola Bryant, as Personal Representative of the Estate of Gregory Vaughn Hill, Jr. in opposition filed.
2020-10-09
Petition for a writ of certiorari filed. (Response due November 16, 2020)

Attorneys

Ken Mascara, et al.
Summer Marie BarrancoPurdy, Jolly, Giuffreda, Barranco & Jisa P.A., Petitioner
Viola Bryant, as Personal Representative of the Estate of Gregory Vaughn Hill, Jr.
John Michael PhillipsLaw Office of John M. Phillips, Respondent