No. 21-7104

Jeffrey Ryan Simmermaker v. Cedar County Sheriff's Department, et al.

Lower Court: Eighth Circuit
Docketed: 2022-02-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-usc-1983 civil-procedure civil-rights confidential-informant due-process fourth-amendment heck-bar heck-barr probable-cause search-warrant section-1983 standing
Latest Conference: 2022-04-14
Question Presented (from Petition)

1. ) Did the court err in it's HECK BARR determination?

2. ) Did the magistrate rely on fraudulent, fabricated and uncorr
oborated evidence?

3. ) Was the relevant conduct in Simmermaker 1s subsequent Federal
conviction relevant to his §1983 action when the United States
Government stated the relevant conduct from the May 12, 2017 raid was not needed for his federal conviction?

4. ) Did the court err in dismissing Simmermaker 's claim of a
Fourth Amendment violation?

5. ) Did the court err in not properly determining and examining
the motive of the confidential informant (Frank Young;, and considering why no information was provided or relied upon by
the magistrate concerning the (Cl's) prior criminal history,
why he was offering his testimony,
the reward the (Cl; was offered forhis current legal issues on
and there was no mention of _his testimony- (no evidence presented to magistrate of prior
uses of this (Cl)?

6. ) Why was (Bryan Simmermaker) as the only corroborating testimony
for the warrant affidavit not required to sign his statement
or was he required or even asked to testify in front of the Grand
Jury. (His testimony was Unsworn, Unsigned, and Unrecorded)

7. ) Did the court's err in ignoring the affidavit (Bryan Simmermaker)?
Where (B.S.) denies that he offered the testimony and states
that Officer McGlaughlin fabricated with fraud the information
he provided to SGT. peck for the Corroboration on the warrant?

8. ) If the excessive use of force by using a military^like swat
team, not justified by the totality of circumstances Ts a constitutional
violation, than did the court's err by denying Simmermaker the
opportunity to challenge the search warrant in his §1983 action?

9. ) Is the GRAHAM 20/20 hindsight Doctrine constitutional when
the fruits of the raid are detrimental to the proof of innocence?

10 ) its user material-(paraphernalia, user amounts of drugs), proper relevant conduct when considering a conspiracy to distribute
indictment.- (is relevant conduct of a conspiracy to distribute
amounts that are for resale and packaging material)?

11. ) Did the court's err in it's probable cause determination?

12. ) Did the court's err in it's corroboration requirement determination?

13. ) To use innocent bits of information, such as the magistrate
used in it's totality of circumstances determination, a violation
Simmermaker 's Fourth Amendment rights?

14.) Is it proper (constitutional) to use prior criminal history
to enhance someones sentence when the crimes used for the enhancement
have already been discharged and time served? (when
is complete that debt to society has been paid)a sentence

15) Was mere presence adequate to charge Simmermaker with contraband looted throught the residence when the residence was not his legal
residence?

16.) Was the residence even
Simmermaker even resided in the residence,
O'! LoKcvnestablished to determine if in factor would even be present?

Question Presented (AI Summary)

Did the court err in its HECK BARR determination?

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-09
Waiver of right of respondents City of Tipton, et al to respond filed.
2022-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2022)
2021-11-29
Application (21A180) granted by Justice Kavanaugh extending the time to file until January 17, 2022.
2021-11-12
Application (21A180) to extend the time to file a petition for a writ of certiorari from November 18, 2021 to January 17, 2022, submitted to Justice Kavanaugh.

Attorneys

City of Tipton, et al
Randall D. ArmentroutNyemaster Goode, Respondent
Jeffrey Ryan Simmermaker
Jeffrey Ryan Simmermaker — Petitioner