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Suzan Evans, Individually and as Wife and Next of Kin of Scott Evans, Deceased v. United States, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-5622 · judgment April 3, 2018

Certiorari denied · February 25, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Question presented

Whether the totality of the circumstances test for assessing the reasonableness of a use of force under this Court’s decisions in Tennessee v. Garner, 471 U.S. 1 (1985) and Graham v. Connor, 490 U.S. 386 (1989), means taking into account unreasonable police conduct prior to the use of force that foreseeably created the need to use it, as the First, Third and Tenth Circuits hold or whether the court may only consider the moment of the seizure as the Second and Eleventh Circuits hold and as the divided panel of the Sixth Circuit held in this case.

Counsel of record

For petitioner
T. Scott Jones
Banks & Jones

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Feb 25 2019
    Petition DENIED.
  2. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  3. Jan 31 2019
    Reply of petitioner Suzan Evans filed.
  4. Jan 22 2019
    Brief of respondents United States, et al. in opposition filed.
  5. Dec 13 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including January 22, 2019.
  6. Dec 12 2018
    Motion to extend the time to file a response from December 21, 2018 to January 22, 2019, submitted to The Clerk.
  7. Nov 15 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 21, 2018.
  8. Nov 15 2018
    Motion of United States, et al. for an extension of time not accepted for filing. (November 15, 2018 - duplicate submission)
  9. Nov 14 2018
    Motion to extend the time to file a response from November 21, 2018 to December 21, 2018, submitted to The Clerk.
  10. Oct 22 2018
    Response Requested. (Due November 21, 2018)
  11. Oct 17 2018
    DISTRIBUTED for Conference of 11/2/2018.
  12. Oct 11 2018
    Waiver of right of respondents United States, et al. to respond filed.
  13. Sep 07 2018
    Petition for a writ of certiorari filed. (Response due October 12, 2018)