No. 23-597

Robin Mayfield, et al. v. Butler Snow, L.L.P., et al.

Lower Court: Fifth Circuit
Docketed: 2023-12-05
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights comparator-evidence first-amendment fourth-amendment probable-cause retaliatory-arrest warrant-based-arrest
Key Terms:
SocialSecurity FirstAmendment FourthAmendment CriminalProcedure Privacy
Latest Conference: 2024-02-16
Question Presented (from Petition)

1. Whether, in the case of an alleged retaliatory arrest in violation of the First Amendment, Nieves v. Bartlett requires a plaintiff to identify other individuals who engaged in similar conduct yet were not arrested. This is the same question that will be decided in Gonzalez v. Trevino.

2. Whether the Mt. Healthy burden-shifting standard adopted in Lozman v. City of Riviera, 138 S. Ct. 1945 (2018) applies equally to warrant-based retaliatory arrest claims. Though phrased differently, this is much like the second question that will be decided in Gonzalez.

3. In the case of an arrest made with a warrant, whether the Fourth Amendment requires the arresting officer to have probable cause specifically for the crime cited in the warrant or is it constitutionally sufficient for the officer to have probable cause for a separate crime not mentioned in the warrant.

Question Presented (AI Summary)

Whether the Nieves probable cause exception requires identifying comparator arrests

Docket Entries

2024-02-20
Petition DENIED.
2024-01-24
DISTRIBUTED for Conference of 2/16/2024.
2024-01-18
2024-01-04
Brief of respondents Butler Snow LLP and Donald Clark, Jr. in opposition filed.
2024-01-04
Brief of respondents City of Madison, Mississippi, et al. in opposition filed.
2023-12-21
Waiver of right of respondent Richard E. Wilbourn, III to respond filed.
2023-11-21
Petition for a writ of certiorari filed. (Response due January 4, 2024)

Attorneys

Butler Snow LLP and Donald Clark, Jr.
Simon Turner BaileyBradley Arant Boult Cummings LLP, Respondent
City of Madison, Mississippi; Mary Hawkins Butler; Gene Waldrop; Chuck Harrison; and Vickie Currie
Kaytie Michelle PickettJones Walker, LLP, Respondent
Richard E. Wilbourn, III
Robert Lewis GibbsGibbs Travis PLLC, Respondent
Robin Mayfield, et al.
Dorsey Reese Carson Jr.Carson Law Group, PLLC, Petitioner