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Robert Mahoney, et al. v. City of Seattle, Washington, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 14-35970 · judgment September 19, 2017


Certiorari denied · April 2, 2018
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does the “core” right of self-defense guaranteed by the Second Amendment extend to police officers?

  2. Can a public employer require its employees regularly to confront volatile, dangerous, life threatening subjects and circumstances, and at the same time regulate its public employees in a manner that unreasonably burdens and defeats their ability to defend themselves and innocent bystanders?

  3. Is intermediate scrutiny a sufficient standard by which to measure a law enforcement agency’s use of force policy requirements that unreasonably burden and effectively destroy police officers’ ability to protect the lives of officers and the public they defend?

  4. Did the Ninth Circuit misapply pleading standards of Bell Atlantic v. Twombly to uphold a use of force policy, in reliance on a scattershot recitation of policy provisions, at the same time disregarding the Officers’ detailed factual allegations demonstrating how the policy overall, and its contradictory and conflicting provisions, unreasonably burdens and effectively destroys officers’ right of self-defense?

  5. Does the fundamental right of self-defense articulated in Heller and McDonald include the right of Officers to reasonably defend themselves and the public from life threatening dangers for purposes of substantive due process under the Fourteenth Amendment?

Counsel of record

For petitioner
Lisa Ann Battalia
Attorney At Law

For respondent
Gregory C. Narver
Seattle City Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 02 2018
    Petition DENIED.
  2. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  3. Mar 09 2018
    Reply of petitioners Robert Mahoney, et al. filed. (Distributed)
  4. Feb 26 2018
    Brief of respondents The City of Seattle, et al. in opposition filed.
  5. Jan 12 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2018
  6. Jan 11 2018
    Motion to extend the time to file a response from January 25, 2018 to February 26, 2018, submitted to The Clerk.
  7. Dec 18 2017
    Petition for a writ of certiorari filed. (Response due January 25, 2018)