No. 25-1010

Lee Michael Tomko v. Bruno Martin

Lower Court: Eleventh Circuit
Docketed: 2026-02-24
Status: Pending
Type: Paid
Tags: bivens-action federal-employee-liability fourth-amendment motion-to-dismiss pleading-standards rule-12b6
Latest Conference: N/A
Question Presented (from Petition)

Is my complaint frivolous or otherwise insubstantial, when applying the motion to dismiss standard of accepting all allegations in the complaint as true and drawing all inferences in favor of the non-moving party?

Question Presented (AI Summary)

Whether a district court properly dismissed a complaint against an FBI employee under Rule 12(b)(6) when the complaint alleges Fourth Amendment violations and the defendant's existence is disputed, applying the Ashcroft v. Iqbal plausibility standard and accepting all well-pleaded allegations as true

Docket Entries

2025-11-10
Petition for a writ of certiorari filed. (Response due March 26, 2026)

Attorneys

Lee Michael Tomko
Lee Michael Tomko — Petitioner