Certiorari Petition.pdf

1. The case of Hamdi Mohamud v. Heather Weyker is a petition for a writ of certiorari to the United States Court of Appeals for the Eighth Circuit.
2. The petitioner, Hamdi Mohamud, is seeking to hold a rogue law-enforcement officer, Respondent Heather Weyker, responsible for landing her in jail through lies and manipulation.
3. The Eighth Circuit held that Mohamud did not have a cause of action against Weyker under the Constitution because the facts of Mohamud’s case do not “exactly mirror” those of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics.
4. The question presented is whether a constitutional remedy is available against federal officers for individual instances of law enforcement overreach in violation of the Fourth Amendment.
5. The circuit courts are split over the availability of a constitutional remedy against federal officers for individual instances of law enforcement overreach in violation of the Fourth Amendment.
6. Six circuits have held that Fourth Amendment claims against federal police fall within the original Bivens context and a remedy is available.
7. The Ninth Circuit has held that any factual distinctions from Bivens present a new context but still extends a remedy against federal police.
8. The Fifth and Eighth Circuits have held that any factual distinctions from Bivens present a new context and no remedy is available against federal police.
9. The case is a good vehicle for the Supreme Court to resolve the circuit split on the application of Ziglar v. Abbasi.
10. The petitioner is seeking the Supreme Court to grant the petition and resolve the circuit split on the availability of a constitutional remedy against federal officers for individual instances of law enforcement overreach in violation of the Fourth Amendment.