No. 21-8122

Jeremiah Henderson v. Austin K. McClain

Lower Court: Fourth Circuit
Docketed: 2022-06-10
Status: Denied
Type: IFP
IFP
Tags: 42-usc-1983 civil-rights constitutional-tort first-amendment free-speech law-enforcement probable-cause retaliatory-arrest retaliatory-prosecution section-1983
Key Terms:
SocialSecurity FirstAmendment FourthAmendment DueProcess CriminalProcedure
Latest Conference: 2022-09-28
Question Presented (from Petition)

Does probable cause defeat a retaliatory prosecution claim when there is strong circumstantial proof that a policeman initiated the prosecution to retaliate against the plaintiff's complaint against the policeman, the prosecution was initiated without the involvement of a prosecutor, and there is no "similarly situated individual[]" to be used as a comparator?

Question Presented (AI Summary)

Does probable cause defeat a retaliatory prosecution claim

Docket Entries

2022-10-03
Petition DENIED.
2022-07-28
DISTRIBUTED for Conference of 9/28/2022.
2022-06-23
Supplemental brief of petitioner Jeremiah Henderson filed.
2022-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2022)

Attorneys

Jeremiah Henderson
Gary Michael BowmanGary M. Bowman, Attorney at Law, Petitioner