Supreme Court of the United States · Official docket →
Cheri Marie Hanson, as Trustee for the Next of Kin of Andrew Derek Layton v. Daniel Best, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-3821 · judgment February 8, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Andrew Layton died after Respondents, six on duty police officers working as a team, kept him in maximum restraints on his stomach for thirty minutes after they handcuffed his wrists behind his back and hobble tied his ankles together, applying compressive force on his neck, shoulder blades, back, hips and legs. During this prolonged period, Respondents kept Layton “hogtied” for fifteen minutes to get “the energy out of him” before taking him to jail. The Questions Presented are:
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Was it clearly established in 2013, it is objectively unreasonable for officers to keep an individual in maximum restraint on his stomach for a prolonged period while applying compressive force after the individual is controlled by the officers with his wrists handcuffed behind his back and his legs and ankles hobble-tied together?
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Does a court of appeals have subject-matter jurisdiction to hear an interlocutory appeal of a district court’s decision that there is a genuine dispute as to material facts?
Counsel of record
For petitioner
James Raymond Behrenbrinker
James Behrenbrinker, Attomey at Law
For respondent
Joseph E. Flynn
Jardine, Logan, et al.
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2019Petition DENIED.
- Aug 07 2019DISTRIBUTED for Conference of 10/1/2019.
- Jul 02 2019Waiver of right of respondents Daniel Best, et al. to respond filed.
- Jun 17 2019Petition for a writ of certiorari filed. (Response due July 19, 2019)