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Rodney Brossart, et al. v. Kelly Janke, Individually and in His Official Capacity as Sheriff for Nelson County, North Dakota, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-1412 · judgment June 16, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Petitioners are farmers and ranchers in rural North Dakota. On the evening of June 22, 2011, six stray cattle wondered onto Rodney Brossart’s farmstead in Nelson County. Not knowing who the strays belonged to, the Brossarts secured the cows in an abandoned fenced-in missile silo on their land. On the morning of the next day, investigating officials from Nelson County Sheriff’s Department and the North Dakota Stockman’s Association found Rodney and one of his sons on a county road about a mile from his home. They were working on a farm task of pumping water off their cropland across the road and into a ditch. The officers proceeded to ask Rodney questions about the stray cattle, and Rodney told them that he was busy at the moment. The investigation escalated and within a couple of minutes, Deputy Sheriff Eric Braathen used his Taser on Rodney, and he rolled into the wet, muddy ditch. Then, Deputy Braathen followed Rodney into the ditch and tased him seven more times within five minutes. Rodney was arrested and placed in the squad car where he passed out. An ambulance was called. The next day, Rodney’s son, Thomas, was arrested on the farmstead, held face down at gun point, handcuffed behind his back, and placed in the back seat of the squad car. Then, Deputy Braathen tased him without warning on his leg because he did not move over.
Counsel of record
For petitioner
Timothy Charles Lamb
Lamb Law Office
For respondent
Howard D. Swanson
Swanson & Warcup Ltd.
Proceedings
- May 21 2018Petition DENIED.
- May 01 2018DISTRIBUTED for Conference of 5/17/2018.
- Apr 12 2018Brief of respondents Kelly Janke, individually and in his official capacity as Sheriff of Nelson County, North Dakota, et al. in opposition filed.
- Mar 05 2018Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2018.
- Feb 28 2018Motion to extend the time to file a response from March 14, 2018 to April 12, 2018, submitted to The Clerk.
- Feb 12 2018Response Requested. (Due March 14, 2018)
- Jan 31 2018DISTRIBUTED for Conference of 2/16/2018.
- Jan 16 2018Waiver of right of respondents Kelly Janke, individually and in his official capacity as Sheriff of Nelson County; Eric Braathen, individually and in his official capacity as Deputy Sheriff for Nelson County; Nelson County, North Dakota to respond filed.
- Dec 21 2017Petition for a writ of certiorari filed. (Response due February 1, 2018)
- Dec 01 2017Application (17A425) granted by Justice Gorsuch extending the time to file until December 22, 2017.
- Nov 24 2017Application (17A425) to extend further the time from December 5, 2017 to December 22, 2017, submitted to Justice Gorsuch.
- Oct 17 2017Application (17A425) granted by Justice Gorsuch extending the time to file until December 5, 2017.
- Oct 12 2017Application (17A425) to extend the time to file a petition for a writ of certiorari from November 5, 2017 to January 4, 2018, submitted to Justice Gorsuch.