No. 20-600

Anthony Sevy v. Philip Barach

Lower Court: Sixth Circuit
Docketed: 2020-11-04
Status: Denied
Type: Paid
Tags: 4th-amendment civil-rights constitutional-rights excessive-force first-amendment free-speech government-official qualified-immunity retaliation retaliatory-force symbolic-protest
Latest Conference: 2021-01-08
Question Presented (from Petition)

Does the First Amendment, which prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, apply when a government official uses physical force against an individual in response to that individual's protected act of symbolic protest?

2. Does Graham v. Connor, which held that all excessive force claims against law enforcement officers should be analyzed under the Fourth Amendment and its reasonableness standard, preclude First Amendment retaliation claims that involve retaliatory force by a court security officer?

3. Does an individual have a recognized right to protest, verbally and symbolically, the acts of government officials such that a reasonable officer would know not to use force against an individual in retaliation for the exercise of that speech?

Question Presented (AI Summary)

Does the First Amendment prohibit government officials from using retaliatory force against an individual exercising protected speech?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-04
Brief of respondent Court Officer Philip Barach in opposition filed.
2020-10-30
Petition for a writ of certiorari filed. (Response due December 4, 2020)

Attorneys

Anthony Sevy
Jonathan Robert MarkoMarko Law, PLLC, Petitioner
Court Officer Philip Barach
T. Joseph SewardSeward Henderson PLLC, Respondent