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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


Certiorari denied · October 7, 2019
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

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:

  1. 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?

  2. 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

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 07 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 02 2019
    Waiver of right of respondents Daniel Best, et al. to respond filed.
  4. Jun 17 2019
    Petition for a writ of certiorari filed. (Response due July 19, 2019)