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Peggy Shumpert, Individually and as Administrator of the Estate of Antwun Shumpert, Sr., et al. v. City of Tupelo, Mississippi, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-60774 · judgment September 24, 2018


Certiorari denied · February 19, 2019
Pre-decision estimate: 1% cert probability

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

Question presented

I. Whether the Court of Appeals erred in finding that the state-created danger doctrine is not clearly established law and in failing to apply it, when there is a conflict between the United States Courts of Appeals on the applicability of this doctrine, and, if the Court of Appeals had applied this doctrine, its judgment would likely have been for the Petitioners. II. Whether the Court of Appeals erred in concluding that Respondent Officer Tyler Cook’s use of canine and deadly force against the decedent did not violate clearly established law for purposes of qualified immunity, when such decision conflicts with relevant decisions of the Supreme Court and other federal courts on the use of such force.

Counsel of record

For petitioner
Carlos Eugene Moore
Tucker Moore Group, LLP

For respondent
John Samuel Hill
Mitchell, McNutt, & Sams, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 23 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 11 2019
    Waiver of right of respondents City of Tupelo Mississippi and Tyler Cook to respond filed.
  4. Jan 10 2019
    Waiver of City of Tupelo Mississippi and Tyler Cook of right to respond not accepted for filing. (January 16, 2019)
  5. Dec 21 2018
    Petition for a writ of certiorari filed. (Response due February 1, 2019)