No. 24-5174

Michael D. Carver v. City of Kalamazoo, Michigan, et al.

Lower Court: Sixth Circuit
Docketed: 2024-07-30
Status: Denied
Type: IFP
IFP
Tags: absolute-immunity fabricated-evidence false-arrest fourth-amendment franks-doctrine investigative-conduct malicious-prosecution probable-cause qualified-immunity
Key Terms:
DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (from Petition)

Whether Franks applies to material omissions, and assuming that the customary practice of lower courts that apply that rule is correct:
a. Whether probable cause is vitiated for a particular offense where the omitted information is exculpatory evidence related to that offense.
b. Whether after material omissions based on exculpatory evidence for one class of offenses are considered and probable cause is negated for that class of offenses, the entire affidavit and search warrant are invalid under Franks and suppression is warranted.

2. Whether, Detective Higby had probable cause to request for arrest warrant after collecting all evidence or did Detective Higby fabricate her police report to bolster nont existing evidence intended for use at the criminal preliminary exam, and at trial, to support her fabricated probable cause.

3. Does the absolute immunity that applies to prosecutors for conduct under the "functional approach" embraced in Malley v Briggs, 457 U.S. 335 (1986) extend to law enforcement officers performing investigative conduct while requesting for arrest warrant for criminal charge.

4. Whether Detective Higby and prosecutor Stein violates Petitioner's Fourth Amendment before any court's hearing while investigating criminal charge against Petitioner's instead of advocacy it was investigative roll fabricating police report and forensic interview and that the law were "clear established (Police Misconduct Law and Litigation § 2:12) "statutory or constitutional rights, when either one (Higby or Stein) had evidence for probable cause.

5. Does prosecutor Mike Stein receive absolute immunity for his bad acts before requesting warrant, before preliminary exam, and the fraudulent investigation Mr. Stein did into Petitioner interview when Mr. Stein lied and mislead the preliminary examiner judge and trial judge concerning Petitioner's interview with officer Veltman that Jennifer destroyed which was exculpatory evidence that was favorable to the Petitioner.

6. Respondents are not entitled to absolute immunity. Buckley v Fitzsimmons, 509 U.S. 259 (1993) but are entitle to qualified immunity if the constitutional wrong is complete before the case begins.

Question Presented (AI Summary)

Whether Franks applies to material omissions, and whether probable cause is vitiated for a particular offense where the omitted information is exculpatory evidence related to that offense

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2024)

Attorneys

Michael D. Carver
Michael D. Carver — Petitioner