No. 24-6546

Robert Dorgay v. Paul Reif, et al.

Lower Court: Seventh Circuit
Docketed: 2025-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-amendments due-process-rights probation-restrictions prosecutorial-misconduct samson-precedent suspicionless-searches
Latest Conference: 2025-04-17
Question Presented (from Petition)

On the Friday before the Monday when a trial was to begin against a man accused of domestic violence allegations, the Prosecutor lost communication with its principle witness, the ex-girlfriend. Rather than start any immediate location efforts the Prosecutor waited until the following Tuesday morning, and second day of the man's trial to search for the ex-girlfriend.

The State's failure to prepare the prosecution positioned the man to receive a mistrial if he arrived in courtroom. The Prosecutor prevented the man's court ordered appearance by ordering his Probation Agent to detain him at the probation office to specifically prevent him from traveling to the Courthouse, meeting with his attorney and receiving the mistrial. And in its course, the man suffered severe psychological injuries, resulting in being tried in absentia.

This question presented in this petition goes to the status of approximately 3,668,800 probationers/parolees in the United States:

1. Does the Samson v. California, 47 U.S. 843 (2006), Court decision subjecting parolees' to "Suspicionless Searches" extend to "Suspicionless Seizures" that can be used by State Prosecutor's to specifically prevent the parolee from traveling to the courthouse, consulting with his attorney to receive a mistrial without violating their 1st, 4th, 5th, 6th, and 14th Amendments?

Question Presented (AI Summary)

Does the Samson v. California decision extending 'Suspicionless Searches' to parolees apply to 'Suspicionless Seizures' by prosecutors that prevent courthouse access and attorney consultation without violating constitutional amendments?

Docket Entries

2025-04-21
Petition DENIED.
2025-04-02
DISTRIBUTED for Conference of 4/17/2025.
2025-03-28
Waiver of right of respondents Paul Reif, et al. to respond filed.
2025-02-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2025)
2024-10-21
Application (24A376) granted by Justice Barrett extending the time to file until February 6, 2025.
2024-10-03
Application (24A376) to extend the time to file a petition for a writ of certiorari from December 8, 2024 to February 6, 2025, submitted to Justice Barrett.

Attorneys

Paul Reif, et al.
Samuel C. Hall Jr.Crivello, Nichols & Hall, S.C., Respondent
Robert Dorgay
Robert Dorgay — Petitioner