Blog Archives

A New Direction for Qualified Immunity in Alleged Factual Disputes in Fourth Amendment Excessive Force Claims? – Supreme Court Foreshadows Potential Future Treatment

On April 24, 2017, the Supreme Court denied a petition filed challenging the Fifth Circuit’s affirmance of a case in which the district court granted summary judgment to a police officer on qualified immunity grounds in an excessive force case. … Continue reading

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United States Supreme Court Petition Filed in Case Seeking to Resolve Whether Federal Courts Owe Any Deference to a Federal Agency’s Interpretation and Application of a Plain and Unambiguous Statutory Provision.

Another United States Supreme Court Petition filed by Law Offices of Carson J. Tucker. Summary to follow in the next few days. Read the petition here: DCV Imports Petition (April 24 2017)    

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United States Supreme Court Completes Oral Arguments in Veterans’ Pension Benefits Case in which Pro Bono Amicus Curiae Brief was Submitted by Law Offices of Carson J. Tucker

On Monday, the Court heard oral arguments in the case of Howell v. Howell, Case No. 15-1031. I’ve written ad nauseum about this case and the pro bono amicus curiae brief submitted on behalf of Veterans of Foreign Wars and … Continue reading

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When Mud Becomes Muck. Supreme Court Refuses to Answer Question Upon Which Cert was Granted – Whether and How an Underlying Malicious Prosecution Claim Can Be Brought as a Constitutional Tort Under 42 U.S.C. 1983 – and Instead Answers Another Question, Unclearly, When Does a Fourth Amendment Claim for Unreasonable Seizure “Accrue” Under State Law Statute of Limitations?

Noting a split of authority among the Circuit Courts as to whether a “malicious prosecution” claim is even cognizable under 42 U.S.C. sec. 1983, and if so, what “constitutional right” is it tethered to, the Supreme Court granted certiorari ostensibly … Continue reading

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Law Offices of Carson J. Tucker Mentioned in News Article About Supreme Court Friend of the Court Brief Advocating for Protection of Disabled Veterans’ Federal Benefits

“Carson Tucker, an attorney who wrote the friend of the court brief for the VFW and a group called Operation Firing for Effect, said a veteran’s disability pay should be protected. That money is needed to support disabled veterans who … Continue reading

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United States Supreme Court Oral Argument in Veterans’ Case

The Supreme Court is hearing oral arguments next week in Howell v. Howell. After I filed the friend of the Court Brief for Veterans of Foreign Wars and Operation Firing for Effect,  Respondent’s Brief and the Petitioner’s Reply have been filed. The Solicitor General … Continue reading

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Amicus Curiae Brief in Supreme Court of Michigan in Wrongful Death Case Against Electric Utility

I’ve published a prior post about the amicus curiae (friend of the court) brief filed on behalf of Michigan Defense Trial Counsel in support of an application for leave to appeal filed by Consumers Energy Company. Below is a summary … Continue reading

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