No. 25-826

Lesly Pompy v. Lieutenant Marc Moore, MANTIS, et al.

Lower Court: Sixth Circuit
Docketed: 2026-01-13
Status: Pending
Type: Paid
Response Waived
Tags: bivens-action constitutional-tort fourth-amendment home-entry qualified-immunity warrantless-search
Key Terms:
FourthAmendment
Latest Conference: N/A
Question Presented (from Petition)

1. Bivens and the Fourth Amendment— Whether a warrantless, post-warrant home entry—conducted hours after the original warrant was executed and without judicial authorization—falls within the recognized Bivens context,,as held by the First Circuit, or is categorically barred by Egbert v. Boule, as held by the Sixth Circuit, creating a direct conflict on a core Fourth Amendment issue.

2. Federal Funds and Qualified Immunity— Whether state and private actors whe receive federal funds through progeain like the Equitable Sharing Program and Bureau of astics Assistance eeants waive qualified immunity when their conduct violates the express civ rigs conditions attached to those funds. ,

3. RICO's Enterprise Element— Whether a private corporation and state officials may be held liable under RICO for a conspiracy to use fraudulent investigations to destroy a business, or whether the Sixth Circuit erred by requiring a "separate criminal purpose," a novel rule that conflicts with the Second and Seventh Circuits and this Court's precedent in Boyle ye ied Staten

4, Westfall Act and Constitutional Torts— Whether federal officers who conduct warrantless raids may invoke Westfall Act immunity to bar constitutional tort actions, despite 28 U.S.C, § abe: explicit preservation of such claims.

Question Presented (AI Summary)

Whether a warrantless, post-warrant home entry conducted hours after the original warrant was executed and without judicial authorization falls within the recognized Bivens context or is categorically barred by Egbert v. Boule

Docket Entries

2026-02-03
Waiver of right of respondent MSP Detective Lieutenant Marc Moore to respond filed.
2026-01-27
Waiver of United States of right to respond submitted.
2026-01-27
Waiver of right of respondent United States to respond filed.
2025-11-24
Petition for a writ of certiorari filed. (Response due February 12, 2026)
2025-09-22
Application (25A295) granted by Justice Kavanaugh extending the time to file until November 24, 2025.
2025-09-10
Application (25A295) to extend the time to file a petition for a writ of certiorari from September 25, 2025 to November 24, 2025, submitted to Justice Kavanaugh.

Attorneys

Lesly Pompy
Lesly Pompy — Petitioner
MSP Detective Lieutenant Marc Moore
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
United States
D. John SauerSolicitor General, Respondent