No. 25-1010

Lee Michael Tomko v. Bruno Martin

Lower Court: Eleventh Circuit
Docketed: 2026-02-24
Status: Denied
Type: Paid
Response Waived
Tags: bivens-action federal-employee-liability fourth-amendment motion-to-dismiss pleading-standards rule-12b6
Latest Conference: 2026-03-27
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

2026-03-30
Petition DENIED.
2026-03-11
DISTRIBUTED for Conference of 3/27/2026.
2026-03-03
Waiver of United States of right to respond submitted.
2026-03-03
Waiver of right of respondent United States to respond filed.
2025-11-10
Petition for a writ of certiorari filed. (Response due March 26, 2026)

Attorneys

Lee Michael Tomko
Lee Michael Tomko — Petitioner
United States
D. John SauerSolicitor General, Respondent