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Michael Price, Individually and in His Official Capacity as Lieutenant of Haywood County Sheriff's Department, et al. v. Teresa Ann Hensley, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 16-1294 · judgment November 17, 2017

Certiorari denied · April 23, 2018

Pre-decision estimate: 11% cert probability (95% interval 7%–18%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether some equivalent of “Stop, or I’ll shoot!” is required by the Fourth Amendment per se before use of deadly force where the decedent advanced on law enforcement officers with a gun in his hand immediately after hitting his daughter in the head with the gun.

Counsel of record

For petitioner
Patrick Houghton Flanagan
Cranfill Sumner LLP

For respondent
Russell Lyway McLean III
McLean Law Firm , P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

Apr 23 2018
Petition DENIED.
Apr 04 2018
DISTRIBUTED for Conference of 4/20/2018.
Mar 28 2018
Reply of petitioners Michael S. Price, et al. filed.
Mar 20 2018
Brief of respondents Teresa Ann Hensley, et al. in opposition filed.
Feb 15 2018
Petition for a writ of certiorari filed. (Response due March 22, 2018)